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BANK OF AMERICA, N.A. v. STONEHAVEN MANOR, LLC

No. C060089.

186 Cal.App.4th 719 (2010)

BANK OF AMERICA, N.A., Plaintiff and Respondent, v. STONEHAVEN MANOR, LLC, et al., Defendants and Appellants.

Court of Appeals of California, Third District.

July 12, 2010.

Attorney(s) appearing for the Case

Freeman, D'Aiuto, Pierce, Gurev, Keeling & Wolf, Lee Roy Pierce, Jr., and Franklin J. Brummett for Defendant and Appellant Beck Investments Co., Inc.

Ganzer & Williams and James E. Ganzer for Defendant and Appellant Stonehaven Manor, LLC.

Orrick, Herrington & Sutcliffe, Marc A. Levinson, Jonathan G. Riddell and Katie C. DeWitt for Plaintiff and Respondent.

OPINION

BUTZ, J.—

In this appeal we conclude that the property of a guarantor of a debt—a debt which is secured by the real property of the principal debtor and also that of a joint and several coguarantor—is subject to attachment where the guarantor has contractually waived the benefit of that security.

Accordingly, we shall affirm the trial court's appealable...

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