Arrow Sand & Gravel, Inc. v. Superior Court

Opinion

GRODIN, J.

This case presents an equal protection challenge to the provisions of Code of Civil Procedure section 409. For the reasons discussed below, we reject this challenge and uphold the statute as written.

I

Sunburst Decorative Rock, Inc., filed an action against Arrow Sand and Gravel (petitioner) to obtain judicial foreclosure on a deed of trust secured by certain real property to which Arrow held title. Arrow filed an answer to the complaint alleging certain affirmative defenses, but filed no cross-complaint. Sunburst moved for summary judgment and its motion was granted. Sunburst…