Dayton Park Properties, L.L.P. v. Pacific Life Insurance

ORDER

DOTY, District Judge.

This matter is before the court upon plaintiffs motion for partial summary judgment. Based upon a review of the file, record and proceedings herein, and for the reasons stated, the court denies the motion and grants partial summary judgment in favor of defendant.

BACKGROUND

This is a declaratory judgment action to ascertain a mortgagor’s rights under a note and mortgage. On January 2, 1995, plaintiff Dayton Park Properties, L.L.P., (“Dayton Park”) borrowed $2,400,000 pursuant to a Mortgage Note (“Note”) and Mortgage, Assignment of Leases and Rents and Security…