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CONNER v. CONNER

No. B128736.

90 Cal.Rptr.2d 687 (1999)

76 Cal.App.4th 646

FM CONNER et al., Plaintiffs, Cross-defendants and Appellants, v. Billie G. CONNER et al., Defendants, Cross-complainants and Respondents.

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

Review Denied March 15, 2000.

Attorney(s) appearing for the Case

Tommy A. Conner, San Francisco, Angelo F. Piersanti, Ford City, PA; Conner & Bak, for FM Conner and Cheryl A. Conner, Plaintiffs, Cross-defendants and Appellants.

Michael L. Muirhead; Bleuel & Muirhead, Ventura, a Professional Corporation, for Billie G. Conner and Lola Fern Conner, Defendants, Cross-complainants and Respondents.

YEGAN, J.

This case illustrates the venerable legal maxim of jurisprudence: "He who takes the benefit must bear the burden." (Civ.Code, § 3521.) Appellant took the benefit of the bargain he made 10 years ago and now asks us to erase his name from a personally guaranteed note. We will not do so.1

FM Conner and Cheryl A. Conner (FM) appeal from a $73,954.08 judgment entered in favor of respondents Billie G. Conner and Lola Fern...

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