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KINSMITH FINANCIAL CORP. v. GILROY

Nos. A098147, A098661.

129 Cal.Rptr.2d 478 (2003)

105 Cal.App.4th 447

KINSMITH FINANCIAL CORPORATION, Plaintiff and Respondent, v. J. Robert GILROY, Defendant and Appellant.

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

January 16, 2003.

Attorney(s) appearing for the Case

David C. Grant, Irvine, Catherine Convy, Los Angeles, Grant, Genovese & Baratta, Irvine, for Appellant/Defendant-J. Robert Gilroy.

Ralph J. Shapira, Ann C. Kim, O'Melveny & Myers, Los Angeles, for Respondent/Plaintiff-Kinsmith Financial Corporation.

MARCHIANO, P.J.

Defendant J. Robert Gilroy, a judgment debtor, claims that a 1992 deficiency judgment is unenforceable because more than 10 years passed since issuance of the original foreclosure decree. Gilroy contends that the time for renewing the judgment ran from the date of the foreclosure decree and not from the entry of the deficiency judgment. But the one action rule of Code of Civil Procedure section 726 and the procedure for renewal of judgments in sections...

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