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Property Law and Real Estate

Golden Gate University School of Law

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2015

First Cal. Bank v McDonald

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Full-Text Articles in Law

The One Action Rule Nightmare, Roger Bernhardt Jan 2015

The One Action Rule Nightmare, Roger Bernhardt

Publications

California’s one-action rule—legislatively misconceived at its creation, consistently misinterpreted by the judiciary, and capable of generating unpredictable and destructive consequences for practitioners—has been put on display again in First Cal. Bank v McDonald (2014) 231 CA4th 550. The decision also warns lender’s counsel that nonchalantly being helpful to a borrower can be suicidal.