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JEM ENTERPRISES v. WASHINGTON MUT. BANK

No. B146519.

121 Cal.Rptr.2d 458 (2002)

99 Cal.App.4th 638

JEM ENTERPRISES et al., Cross-complainants and Appellants, v. WASHINGTON MUTUAL BANK, F.A., Cross-defendant and Respondent.

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

Rehearing Denied July 18, 2002.

Attorney(s) appearing for the Case

Burgh, Balian & Bergstein and Edward M. Burgh, Sherman Oaks, for Cross-complainants and Appellants.

Stroock & Stroock & Lavan, Julia B. Strickland, Scott M. Pearson, Los Angeles, and Deborah E. Barack for Cross-defendant and Respondent.

Certified for Partial Publication*

KITCHING, J.

A property owner and a lender dispute which party had the right to control earthquake insurance proceeds. The trial court concluded that the lender was entitled to control the disbursement of proceeds used to repair the property and granted summary judgment for the lender. Because the owner assigned insurance proceeds to the lender under a deed of trust, the lender had the right to...

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