1. Home
  2. Browse Decisions
  3. Cal.App.4th
  4. 29 Cal.App.4th
  5. 29 Cal.App.4th 1357 (1994)
 

KNOX v. PHOENIX LEASING INC.

Docket No. A062177.

29 Cal.App.4th 1357 (1994)

35 Cal. Rptr.2d 141

MEL KNOX, Plaintiff and Respondent, v. PHOENIX LEASING INCORPORATED, Defendant and Appellant.

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

October 31, 1994.

Attorney(s) appearing for the Case

COUNSEL

Frandzel & Share and Chantal M. Eldridge for Defendant and Appellant.

John G. Warner for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

POCHE, J.

The issue presented is whether a secured creditor who obtains a defaulted debtor's property can be subject to restitution for the amount of the value of goods furnished the debtor by a third party. The answer is no: unless there are unusual circumstances the equitable remedy of restitution must defer to the rights given a secured creditor...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases