Bank of the West v. Burlingame

Plaintiff Bank of the West (Bank) appeals from judgments granting defendant’s motion for summary judgment and awarding defendant attorney fees. Bank contends that the trial court erred in concluding that the satisfaction of a co-guarantor’s obligation had the effect of extinguishing defendant’s liability on the same debt. Bank also contends that the trial court erred in awarding defendant attorney fees based on his counterclaims. We affirm in part and reverse and remand in part.

The facts are not in dispute. Defendant and Darlene Wartenbee (Wartenbee) owned Stateline Ranch, Inc. (State-line).…