Arizona Court of Appeals Division Two Holds That A Creditor May Sue a Guarantor Without A Prior Trustee’s Sale, Arizona’s Anti-Deficiency Statute Only Applies After A Trustee’s Sale Of A Qualifying Property Under A.R.S. § 33-814(G), And A Creditor May Recover a Deficiency Judgment Against A Guarantor Even When The Underlying Debt Against The Borrower Is Extinguished.
Arizona Court of Appeals Division Two Holds That When a Patient Gives Informed Consent to a Medical Procedure, the Patient May Not Assert a Claim for Medical Battery Based on the Doctor’s Failure to Disclose Information Unrelated to the Procedure.
Arizona Court of Appeals Division One Holds That A.R.S. § 33-441, which voids deed restrictions prohibiting the placement of “for sale” and “for rent” signs on real property, is constitutional under the contract clause and applies retroactively to pre-existing CC&Rs.
Arizona Court of Appeals Division One Holds That (1) Common Law Causes Of Action Are Preempted By the U.C.C. Only To The Extent That Particular Provisions of the U.C.C. Displace the Action, (2) A Conversion Action Can Be Brought Against A Third-Party Recipient Of Funds In Certain Circumstances, and (3) A Credit Card Company Has No Duty Of Disclosure To Third Parties.