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NATIONAL FINANCIAL LENDING, LLC v. SUPERIOR COURT

No. D064226.

222 Cal.App.4th 262 (2013)

166 Cal. Rptr. 3d 88

NATIONAL FINANCIAL LENDING, LLC, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; BREWER CORPORATION et al., Real Parties in Interest.

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

As modified January 7, 2014.

Attorney(s) appearing for the Case

Dale A. Martin ; Law Offices of Jeffrey S. Benice and Jeffrey S. Benice for Petitioner.

No appearance for Respondent.

Lincoln, Gustafson & Cercos, Theodore R. Cercos ; Law Offices of Murray M. Helm, Jr., Murray M. Helm, Jr. ; Marks, Finch, Thornton & Baird, Jon F. Gauthier ; Hoyt Law Firm, Kenneth C. Hoyt ; Niddrie, Fish & Addams and David A. Niddrie for Real Parties in Interest.

OPINION

BENKE, J. —

In this writ proceeding, we deny a third party debtor's petition in which it challenges the trial court's order denying the debtor's Code of Civil Procedure1 section 170.6 peremptory challenge.

In the trial court, the plaintiff obtained a $2.8 million judgment against a defendant, a construction lender that failed to meets its commitment with respect to a condominium project in...

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