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2 Mar 2015, 4:00 am
In California Bank & Trust v Thomas Del Ponti, the trial and appellate courts refused to deem the waiver of statutory defenses that are typical in loan and guaranty agreements as waiving ALL defenses, particularly equitable defenses, if the result of enforcing the guarantee would be the unjust enrichment of the bank.The above case involved a construction loan by California Bank & Trust’s predecessor-in-interest, Vineyard Bank. [read post]