JEM ENTERPRISES et al., Cross-complainants and Appellants, v. WASHINGTON MUTUAL BANK, F.A., Cross-defendant and Respondent., 99 Cal. App. 4th 638

Summary

A property owner and a lender dispute which party had the right to control earthquake insurance proceeds. The trial court concluded that the lender was entitled to control the disbursement of proceeds used to repair the property and granted summary judgment for the lender. The appellate court agreed. Since the owner assigned insurance proceeds to the lender under a deed of trust, the lender had the right to control the disbursement.