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INTERSTATE INCOME PROP. INC. v. LA JOLLA LOANS, INC.

No. 20100025-CA.

257 P.3d 1073 (2011)

2011 UT App 188

INTERSTATE INCOME PROPERTIES, INC.; a Utah corporation; and BRB-5 A, LLC, a Utah limited liability company, Plaintiffs and Appellees, v. LA JOLLA LOANS, INC.; KVB Enterprises, Inc.; Thomas L. Black; and Wilma J. Black; et al., Defendants and Appellants.

Court of Appeals of Utah.

June 9, 2011.

Attorney(s) appearing for the Case

Bryce D. Panzer and Brett N. Anderson , Salt Lake City, for Appellants.

Stephen Quesenberry and Aaron R. Harris , Provo, for Appellees.

Before Judges McHUGH, THORNE, and CHRISTIANSEN.

OPINION

McHUGH, Associate Presiding Judge:

¶ 1 Defendant La Jolla Loans, Inc. (La Jolla) appeals from the trial court's ruling that its trust deeds, to the extent that the deeds created encumbrances on the property of Plaintiff Interstate Income Properties (Interstate), are null and void; and that such trust deeds are wrongful liens pursuant to Utah Code sections 38-9-1 to -7 (the wrongful lien statute), see Utah Code Ann. § 38-9-1 to -7...

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