Crocker National Bank v. Emerald
California Court of Appeal
221 Cal. App. 3d 852, 270 Cal. Rptr. 699 (1990)
Crocker National Bank (Crocker) (plaintiff) sued Robert M. Emerald (defendant) for nonpayment on a promissory note. Emerald answered the complaint in August 1980 and filed a cross-complaint against Crocker for breach of fiduciary duty and a violation of state law. The trial court sustained Crocker’s demurrer and granted Emerald leave to amend. Emerald amended his cross-complaint four times, and each time the trial court sustained Crocker’s demurrer—but for the final demurrer when it denied Emerald leave to further amend. Emerald appealed and argued that the trial court erred when it denied him leave to file a compulsory cross-complaint under California’s Code of Civil Procedure Section 426.50.
Rule of Law
Holding and Reasoning (DeCristoforo, J.)
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