Rosenthal v. Landau

In Rosenthal v. Landau (1949) 90 Cal. App. 2d 310, the court reached a similar conclusion in a similar case. Husband quitclaimed his interest in property to his ex-wife without obtaining the requisite consent from the Department. He later tried to record a deed of trust on the same property. ( Id. at pp. 311-312.) The trial court quieted title in wife, rejecting husband's claim that the transfer was void and illegal. The court held that provisions requiring consent for transfers and assignments "whether they appear in a contract or in a statute, are not designed to protect the public, but are for the protection of the vendor only, and do not affect the validity of transfers made between the purchaser and his transferee." ( Id. at p. 314.)