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COOPER v. WESTBROOK TORREY HILLS

No. D033909.

97 Cal.Rptr.2d 742 (2000)

81 Cal.App.4th 1294

Harry G. COOPER, Plaintiff and Appellant, v. WESTBROOK TORREY HILLS, LP, Defendant and Respondent.

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

July 6, 2000.

Attorney(s) appearing for the Case

Solomon Ward Seidenwurm & Smith, Richard E. McCarthy and Daniel E. Gardenswartz, San Diego, for Plaintiff and Appellant.

Sheppard, Mullin, Richter & Hampton, Linda D. Fox and Karin Dougan Vogel, for Defendant and Respondent.

Certified for Partial Publication.1

BENKE, J.

Plaintiff Harry G. Cooper appeals from an order denying his motion to recover from defendant Westbrook Torrey Hills, LP, (Westbrook),2 costs Cooper incurred in making a cash deposit which stayed foreclosure proceedings initiated by Westbrook. Cooper contends the loan costs are recoverable under rule 26(c)...

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