California Court of Appeal
Bank of New York Mellon v. Citibank, 262899
In a case arising out of the simultaneous refinancing of a home equity line of credit by two different lenders in 2006, which resulted in a dispute over the priority of their recorded deeds of trust, the trial court's judgment sustaining defendant's demurrers, which alleged that all of plaintiff's causes of action were barred by the three-year statute of limitations in Code of Civil Procedure section 338, is reversed where plaintiff has stated a claim for equitable subrogation, which is not subject to that statute.
Appellate Information
- Published 2017/02/16
Judges
- EPSTEIN
Court
- California Court of Appeal