Anderson

Union Bank v. Anderson

Good Law
1991 Cal. App. LEXIS 849·232 Cal. App. 3d 941·283 Cal. Rptr. 823·91 Daily Journal DAR 9161·91 Cal. Daily Op. Serv. 5857
Court of Appeal of CaliforniaJuly 25, 1991F012652California3,141 words

Opinion

Opinion

Ardaiz, J.

—Plaintiff/respondent Union Bank secured a summary judgment against defendants/appellants John B. Anderson, Yolo Petroleum, Henry H. Stone, and H. H. Stone & Sons. Defendants filed timely appeals.

On October 20, 1988, Union filed its first amended complaint for foreclosure of deeds of trust. The first cause of action alleged that Anderson and Stone defaulted on a January 5,1976, promissory note in favor of Buttes Gas & Oil Co. (the Buttes Note) which was later acquired by Union. The second cause of action alleged that the Andersons, the Stones, and other individual defendants not parties to this appeal breached a written guarantee of the Buttes Note. The third cause of action alleged that the Andersons and Stones defaulted on a January 7, 1983, promissory note in favor of Union (the Union Note).

On November 18, 1988, the Stones filed their answer to the first amended complaint, including 13 affirmative defenses. On November 21, 1988, the Andersons filed their answer to the first amended complaint, including six affirmative defenses. On May 12, 1989, a stipulation was filed that the Stones “have no liability under the Third Cause of Action of the First Amended…

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