This case has been cited 1 times or more.
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2006-10-23 |
AUSTRIA-MARTINEZ, J. |
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| Neither may it be said that the Complaint fails to state a cause of action merely because it did not traverse the issue of whether respondent is a mortgagee in good faith. We already ruled that the claim that a mortgagee is one in good faith is a matter of defense[36] which should be determined during the trial.[37] The dismissal of a complaint before resolution of that issue would certainly be precipitate, as it was in this case. | |||||