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Contract – Promissory Note & Guaranty – Real Property – Foreclosure – Statute of Limitations – Real Party in Interest – Trusts & Estates

After defendants defaulted on their promissory note and guaranty, the plaintiff-lender foreclosed on the property securing the promissory note; however, the foreclosure was not completed because a prior deed of trust was foreclosed on. The defendant-guarantor argues the instant action ...

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Contract – Construction – Settlement Agreement – Motion to Dismiss – ‘Agents’ – Architects & Contractors

In its third-party complaint, the third-party plaintiff-contractor specifically referenced its settlement agreement with plaintiff WFP, LLC, when the contractor alleged that the third-party defendant-architects’ actions “compel[led the contractor] to accept [an] unfair and unfavorable settlement with WFP”; furthermore, the contractor ...

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