Brown

Brown v. Superior Court of Fresno Cnty.

Good Law
19 Cal. App. 5th 1208·228 Cal. Rptr. 3d 687
Court of Appeal of CaliforniaJanuary 30, 2018F073964California5,123 words

Opinion

lead Opinion

Peña, J.

*689 *1210 Plaintiff Larry Brown obtained assignments from 1,117 borrowers transferring (1) a 100 percent interest in causes of action relating to their home loans and (2) a 5 percent ownership interest in the real estate securing the home loans. Brown then pursued those causes of action by filing a lawsuit against various entities involved in originating, servicing, or enforcing those loans. Some of the defendants filed a motion to compel joinder of the borrowers, contending the borrowers were both necessary and indispensable *1211 parties to the litigation under California's compulsory joinder statute, Code of Civil Procedure section 389. 1 The trial court ordered the joinder of the borrowers and Brown filed a petition for writ of mandate to challenge that order.

First, as to the interpretation and application of section 389 to the facts presented, we conclude, in the unpublished portion of the opinion, that joinder of the borrowers was warranted under subdivision (a)(2)(i) of section 389. The borrowers have an interest in the protection from personal liability provided by California's antideficiency statutes. The complaint seeks to have the deeds of trust securing the loans…

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