Lyons
Security Pacific National Bank v. Lyons
Opinion
Opinion
Epstein, J.
We hold that a joint and several judgment debtor who satisfies the entire debt is entitled to an order of contribution from the other joint debtors under Code of Civil Procedure sections 882 and 883. The paying debtor is entitled to this order free of any offsets the other debtors may have based on unadjudicated claims. This is true even though the underlying obligation arose out of the operation of a business in which all of the judgment debtors were partners.
Factual and Procedural Summary
Appellants are Michael A. Yurosek and M. David Yurosek, respectively father and son. They appeal from an order of contribution entered against them on petition of Charles J. Lyons, Jr., the respondent on this appeal.
The factual matrix underlying the appeal, as recounted by appellants in their opening brief, is complex. Nevertheless, the facts germane to resolution of the issue on appeal are quite simple and may be briefly recounted.
The Yuroseks, Lyons and one Carl Ross were partners in farming operations in Kern County. The partnership needed money and a $2,350,000 loan was arranged with Security Pacific National Bank (the Bank). The signatories on the promissory note evidencing…