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CSA 13-101 LOOP, LLC v. LOOP 101, LLC

No. 1 CA-CV 12-0167.

312 P.3d 1121 (2013)

CSA 13-101 LOOP, LLC, an Oklahoma limited liability company, Plaintiff/Appellant, v. LOOP 101, LLC, an Arizona limited liability company; Paul S. Anton and Valerie J. Christie, husband and wife; Oscar E. Swanky and Helen L. Swanky, as Co-Trustees of the Oscar E. Swanky and Helen L. Swanky Revocable Family Trust, Created July 19, 1997, as Amended, Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department B.

September 10, 2013.

Attorney(s) appearing for the Case

Bryan Cave, LLP by Sean K. McElenney , J. Alex Grimsley , Gregory B. Iannelli , Phoenix, Attorneys for Plaintiff/Appellant.

Fennemore Craig, PC by Timothy Berg , Louis D. Lopez , Phoenix, Attorneys for Defendants/Appellees.

OPINION

HOWE, Judge.

¶ 1 This case requires this Court to decide, among other questions, whether a borrower or guarantor can contractually waive its right to a determination of fair market value in a deficiency action. Because we agree with the trial court that this right cannot be waived, and reject the other claims raised on appeal, we affirm the trial court's granting of summary judgment.

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