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ASPEN ENTERPRISES, INC. v. BODGE

Docket No. D018819.

37 Cal.App.4th 1811 (1995)

44 Cal. Rptr. 763

ASPEN ENTERPRISES, INC., Plaintiff and Appellant, v. GERALD BODGE et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

September 5, 1995.

Attorney(s) appearing for the Case

COUNSEL

Luce, Forward, Hamilton & Scripps, Scott W. Sonne and Roger C. Haerr for Plaintiff and Appellant.

Pain, Cluff, Olson & Burns, Pain, Cluff & Burns and Jerry D. Cluff for Defendants and Appellants.

OPINION

HUFFMAN, J.

Plaintiff Aspen Enterprises, Inc. (Aspen) sued defendants Gerald and Karen Bodge (collectively Bodge) on a promissory note secured by both real property and personal property. At the outset of the action Aspen repossessed personal property collateral consisting of an inventory of new tires. At trial, the court granted Bodge's motion for nonsuit based on what was stipulated to be Aspen's opening statement, concluding...

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