Federal Deposit Insurance Corp., as Receiver of Balboa National Bank v. Atlantic Group, Inc., a California Corporation, D/B/A Ladki Rent-A-Car

990 F.2d 1257 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FEDERAL DEPOSIT INSURANCE CORP., as receiver of Balboa National Bank, Plaintiff-Appellee, v. ATLANTIC GROUP, INC., a California corporation, d/b/a Ladki Rent-A-Car, Defendant-Appellant. No. 91-56386. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 7, 1993. Decided April 20, 1993. Before FARRIS, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 This case arises from the FDIC's action, as receiver for Balboa National Bank ("the Bank"), to recover on eight defaulted loans made by the Bank to Atlantic Group, Inc., ("Atlantic"). This appeal concerns only one of the eight loans, Loan No. C0683. Atlantic appeals from a partial grant of summary judgment in favor of the FDIC, holding that Loan No. C0683 was an unsecured loan and, therefore, that Atlantic was barred from asserting the affirmative defense under Cal.Com.Code § 9504(3) as a defense to payment on this note. 3 Atlantic…