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SERIES AGI WEST LINN OF APPIAN GROUP INVESTORS DE, LLC v. EVES

No. A135832.

217 Cal.App.4th 156 (2013)

158 Cal. Rptr. 3d 193

SERIES AGI WEST LINN OF APPIAN GROUP INVESTORS DE, LLC, Plaintiff and Respondent, v. ROBERT EVES, Defendant and Appellant.

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

June 14, 2013.

Attorney(s) appearing for the Case

Wild, Carey & Fife and John E. Carey, Jr., for Defendant and Appellant.

Katzoff & Riggs, Kenneth S. Katzoff and Stephen G. Preonas for Plaintiff and Respondent.

OPINION

RICHMAN, J. —

Robert Eves appeals from the Judicial Council form AT-120 right to attach order and order for issuance of writ of attachment after hearing. The appeal presents a single issue, one that appears to be an issue of first impression, not only in California, but in the entire country: If a surety specifically excludes a specified asset from a continuing guaranty, are the...

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