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EARP v. EARP

Docket No. A050584.

231 Cal.App.3d 1008 (1991)

283 Cal. Rptr. 43

KENNETH H. EARP, Plaintiff and Respondent, v. DORIS N. EARP, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

June 27, 1991.

Attorney(s) appearing for the Case

COUNSEL

Loube, Lowen, Klein & Sack, Loube, Lowen & Sack, Michael S. Klein and David Timko for Defendant and Appellant.

Chandler, Brunner & Ricks, Stephen M. Chandler for Plaintiff and Respondent.

OPINION

KING, J.

In this case we hold that where the lease of a mobilehome park was intended to be security for payment of a debt, the lease was in effect a mortgage, and thus the lessee's rights to accrued profits from operation of the mobilehome park were limited to the amount of the debt, plus interest. Doris N. Earp appeals from a judgment determining that she owed $290,656 plus interest to her former husband, Kenneth H. Earp...

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