GREAT WESTERN BANK v. KONG

No. F034149.

108 Cal.Rptr.2d 266 (2001)

90 Cal.App.4th 28

GREAT WESTERN BANK, Plaintiff, v. Herman KONG, Defendant and Appellant; Frank Lee et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

June 22, 2001.


Attorney(s) appearing for the Case

Thomas & Snell and Marcus D. Magness, Fresno, for Defendant and Appellant.

Arter & Hadden, Irvine, Ralph A. Kerstetter, San Francisco, and Carol A. Jasinski, for Defendants and Respondents.


OPINION

LEVY, J.

The issue presented in this appeal is whether partners who settle with a partnership creditor and thereby become assignees of a deficiency judgment based on a partnership debt can enforce that judgment against a non-settling partner. The trial court ruled that such enforcement is permissible and proceeded accordingly.

However, contrary to the trial court's conclusion, the assignee partners do not acquire the assignor's rights with...

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