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.