Westinghouse Credit Corp. v. Barton

ORDER ON MOTION FOR SUMMARY JUDGMENT

TAYLOR, District Judge..This case is one in a series testing the scope of California’s anti-deficiency statutes (Code of Civil Procedure §§ 580a-580d and 726). It presents the novel question whether § 580d, which prohibits a deficiency judgment after non-judicial foreclosure of real property, applies to a guarantor who is also a general partner of a partnership primary debtor if the loan is “non-recourse.” The court holds the “non-recourse” provision does not prevent operation of the anti-deficiency statute, and grants summary judgment for defendant.

I.…