California Court of Appeal

In a case involving causes of action relating to the defendant's foreclosure under a deed of trust, which was preceded by the plaintiff's assignment of claims related to the foreclosure to a third party, a suit in which the defendant sued the third party, and a return of the assignment to the plaintiff, a motion for summary judgment granted on the basis that the claims were barred by the compulsory cross-complaint statute is reversed, where the defendant failed to establish as a matter of law that the plaintiff's assignment of claims to the third party also transferred its interests in the property such that the third party could have had any of the property-related claims when she filed her answer in the defendant's case against her.

Appellate Information

• Decided 05/21/2012
• Published 05/21/2012

Judges

• Premo

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Hinshaw & Culbertson, Robinson & Wood