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WESTINGHOUSE CREDIT CORP. v. BARTON

No. SACV 90-818-GLT (RWRx).

789 F.Supp. 1043 (1992)

WESTINGHOUSE CREDIT CORPORATION, Plaintiff, v. James BARTON, Defendant.

U.S. District Court, C.D. California.

April 20, 1992.

Attorney(s) appearing for the Case

Jeffrey A. Kent, Poindexter & Doutré, Inc., Los Angeles, Cal., for plaintiff.

Paul H. Parilla, Heidi Knapp Leanders, Parilla & Militzok, Irvine, Cal., for defendant.

ORDER ON MOTION FOR SUMMARY JUDGMENT

TAYLOR, District Judge.

This case is one in a series testing the scope of California's anti-deficiency statutes (Code of Civil Procedure §§ 580a-580d and 726). It presents the novel question whether § 580d, which prohibits a deficiency judgment after non-judicial foreclosure of real property, applies to a guarantor who is also a general partner of a partnership primary debtor if the loan is "non-recourse...

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