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California Court of Appeal


Morgan Creek Residential v. Kemp, C053098

In case involving claims of equitable contribution and subrogation, sustaining of demurrer is affirmed where: 1) plaintiff is not entitled to contribution from the guarantors because the liabilities of an applicant of a letter of credit and the guarantors are not equal; and 2) plaintiff is not entitled to subrogation under the California Uniform Commercial Code.

Appellate Information

  • Decided 07/24/2007
  • Published 07/24/2007

Judges

  • SIMS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Cox, Castle & Nicholson, Lawrence Teplin and Heather Stern, Los Angeles, for Plaintiff and Appellant.

  • For Appellees:
  • Kirton & McConkie, Eric C. Olson and Christopher S. Hill, Salt Lake City, UT;  Goldsberry, Freeman & Guzman, Francis M. Goldsberry, II and James T. Freeman, Sacramento, for Defendants and Respondents.
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