Does a plaintiff have any case law supporting their contention that a failure to give notice of intended sale under section 3440 of the Civil Code is a sole cause of injury?

"Nor does Martin v. Hood, 203 Cal. 351, 264 P. 478, support defendants' contention. It merely held insufficient a complaint which upon its face showed no damage had occurred from a failure to give notice of intended sale under section 3440 of the Civil Code. The only 'loss' which ensued was a creditor's execution sale which was void upon its face and could give no title to the purchaser at the sale. That was a case of 'no injury,' not a case of failure to show 'sole cause' or to negative any other cause, whether concurrent, joint or intervening.

"In McGregor v. Wright, 117 Cal.App. 186, 3 P.2d 624, the statement does appear that it must be established that reliance upon the attorney's advice was the 'sole and proximate cause' and that any loss suffered was 'caused solely' by the negligence of the attorney. We should not attach undue significance to the words 'sole' and 'solely.' The real holding in the case was a lack of causal connection between the asserted erroneous legal advice and the claimed injury, and the uncertain and speculative quality of the asserted financial loss 'not only as to amount, but as to character.' (Citations) Also, those findings and conclusions were based upon the evidence introduced at a trial, not drawn as conclusions of law from the allegations of a complaint.

"Feldesman v. McGovern, supra, 44 Cal.App.2d 566, 112 P.2d 645, held merely that when a cause of action is predicated upon an attorney's negligent failure to perform some act in behalf of the client, the complaint must state facts showing that if the attorney had acted it would have resulted beneficially to the client. In that case the attorney allegedly failed to file a petition for the discharge of the client as a bankrupt. There was no allegation which directly or by implication stated that if such a petition had been filed the client would have been entitled to have it granted. This was a fatal defect because the granting of such a petition is not mandatory. A bankrupt is entitled to a discharge only if he has complied with the Bankruptcy Act (citation) and has not committed any of the offenses listed in the statute. Hence, the Feldesman case was one of failure sufficiently to plead proximate cause, not at all a holding that an attorney is liable to a client only when his negligence is the sole cause of the resultant injury.