Legal Opinion

Mountain States Adjustment v. Cooke

Colorado Court of Appeals

Decided May 19, 2016No. Court of Appeals No. 15CA0605PublishedCited by 8 opinions

1Opinion of the Court

Opinion by CHIEF JUDGE LOEB

¶ 1 In this debt collection action, defendant, Jason Cooke, appeals from the summary judgment in favor of plaintiff, Mountain States Adjustment (MSA), assignee of Bank of the West. He also appeals from the court's denial of his cross-motion for summary judgment. Because we conclude that the district court erred by not applying the law of the state chosen in the debt instrument, we reverse the judgment and remand with directions for entry of judgment in favor of Cooke.

I. Background and Procedural History

¶ 2 In August 2004, Cooke signed a note (the Note) with…

2Cases cited21 opinions

  1. Nedlloyd Lines B v. v. Superior CourtCalifornia Supreme Court · 1992
  2. Riley v. Kingsley Underwriting Agencies, Ltd.Court of Appeals for the Tenth Circuit · 1992
  3. Wood Bros. Homes, Inc. v. Walker Adjustment BureauSupreme Court of Colorado · 1979
  4. West Elk Ranch, L.L.C. v. United StatesSupreme Court of Colorado · 2002
  5. Hansen v. GAB Business Services, Inc.Colorado Court of Appeals · 1994

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3Cited by8 opinions

  1. Rent-Rite Superkegs W., Ltd. v. World Bus. Lenders, LLC (In re Rent-Rite Superkegs W., Ltd.)United States Bankruptcy Court, D. Colorado · 2019
  2. Sierra Pacific Industries, Inc. v. BradburyColorado Court of Appeals · 2016
  3. Genesis Capital Ventures, LLC v. Restore With Apex, Inc.District Court, D. Colorado · 2017
  4. Allred v. Innova Emergency Medical Associates, P.C.District Court, D. Colorado · 2020
  5. Lumen Technologies Service Group, LLC f/k/a CenturyTel Service Group, LLC v. CEC Group, LLC f/k/a Communications Engineering Consultant, LLCDistrict Court, D. Colorado · 2025

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