Stricklin v. Soued
Oregon Court of Appeals
936 P.2d 398 (1997)
- Written by Mary Phelan D'Isa, JD
Facts
Stricklin (plaintiff), a holder by assignment of a note secured by real property in California, sued on the note in Oregon, where the note makers, Frederick and Joanne Soued (Soueds) and limited partnership Enterprises Entres Nous (EEN) (defendants), resided and alleged that they were in default. The Soueds and EEN argued that under California law, which they contended should apply, a secured creditor must proceed first against the security before enforcing the underlying debt. Oregon had no such “security first” requirement. The trial court dismissed the case for lack of subject-matter jurisdiction. Stricklin appealed and argued that the trial court incorrectly held that the California law was substantive, and that it was instead procedural and thus it had no extraterritorial application.
Rule of Law
Issue
Holding and Reasoning (De Muniz, J.)
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