California Court of Appeal

In this case involving conflicting security interests held by two persons, one (the plaintiff) with an unperfected security interest that was created in 2006, and the other (defendant Hartley) with a perfected security interest that was created in 2008. Judgment in favor of plaintiff is modified to strike the references to “Mark Hartley, individually” and affirmed as modified, where, if a perfected security interest is created by breaching a fiduciary duty owed to another person, then equitable principles may be applied to give priority to an earlier unperfected security interest.

Appellate Information

• Decided 12/15/2014
• Published 12/16/2014

Judges

• Burke

Court

• California Court of Appeal

Counsel