SECURITY PACIFIC NAT. BANK v. BRADLEY

Docket No. B047406.

4 Cal.App.4th 89 (1992)

5 Cal. Rptr.2d 220

SECURITY PACIFIC NATIONAL BANK, Plaintiff, Cross-defendant and Respondent, v. WARREN B. BRADLEY, Defendant, Cross-complainant and Appellant.

Court of Appeals of California, Second District, Division Seven.

March 3, 1992.


Attorney(s) appearing for the Case

COUNSEL

Benjamin D. Brown for Defendant, Cross-complainant and Appellant.

Scott Howard Siegel for Plaintiff, Cross-defendant and Respondent.


OPINION

JOHNSON, J.

This is an appeal from a summary judgment in favor of the plaintiff granted solely on the ground defendant failed to file a separate responsive statement pursuant to Code of Civil Procedure section 437c, subdivision (b). We hold, under the particular circumstances of this case, the court abused its discretion by failing to afford defendant a further opportunity to file a proper separate statement.

FACTS...

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