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NATIONAL ENTERPRISES, INC. v. WOODS

No. C030453.

115 Cal.Rptr.2d 37 (2001)

94 Cal.App.4th 1217

NATIONAL ENTERPRISES, INC., Plaintiff and Appellant, v. Michael W. WOODS et al., Defendants and Respondents.

Court of Appeals of California, Third District.

Review Denied April 17, 2002.

Attorney(s) appearing for the Case

Michael H. Fish, San Diego, McKenna & Cuneo, LLP, Los Angeles; Nugent & Newnham, APC, Jeffrey Poindexter, San Diego, for Plaintiff and Appellant.

George P. Eshoo, George P. Eshoo & Associates, Redwood City, for Defendants and Respondents.

Certified for Partial Publication.*

KOLKEY, J.

This appeal raises the issue whether, in a case where senior and junior debts, secured by the same property, were once held by the same creditor, which thereafter sells the loans to two independent parties, California's one-form-of-action rule under Code of Civil Procedure section 726 prohibits the junior lienholder from bringing a separate action to recover its debt following the...

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