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FOOTHILL VILLAGE HOMEOWNERS ASSN. v. BISHOP

No. B114533.

81 Cal.Rptr.2d 195 (1999)

68 Cal.App.4th 1364

FOOTHILL VILLAGE HOMEOWNERS ASSOCIATION et al., Plaintiffs and Respondents, v. Gordon H. BISHOP, as Trustee, etc., et al., Defendants and Respondents; Lawrence First, Defendant and Appellant.

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

Rehearing Denied January 26, 1999.

Attorney(s) appearing for the Case

Schimmel, Hillshafer & Loewenthal, Robert D. Hillshafer and Glenn T. Rosenblatt, Sherman Oaks, for Defendant and Appellant.

Christopher E. Chenoweth and Leland Chan, San Francisco, for Amicus Curiae California Bankers Association in support of Defendant and Appellant.

Alan M. Insul, Encino, for Defendants and Respondents.

No appearance for Plaintiffs and Respondents.

CHARLES S. VOGEL, P.J.

INTRODUCTION

This case involves a condominium complex for which the homeowners' association purchased earthquake insurance. The insurer paid more than $2 million for earthquake damage to the complex. Because the complex was severely damaged, the homeowners voted not to rebuild. The issue raised by this appeal is the distribution of the earthquake insurance proceeds. Does the money go to the lender or to the individual owners? Citing...

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