Federal Savings & Loan Ins. Corp. v. Johnson

Defendants Johnson and Ore/Del Investments Ltd. appeal from a summary judgment in favor of plaintiff. Only one of defendants’ six assignments of error merits discussion, and we affirm.

1. Plaintiff brought this action for a judicial foreclosure of a commercial trust deed executed by defendants. Defendants filed an answer that included an affirmative defense of set-off. Plaintiff moved for summary judgment, and the trial court held that defendants had not alleged sufficient facts to state a claim of set-off. A motion for summary judgment that is based solely on the pleadings is equivalent to a…