Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, or is entitled as a creditor to resort to some, but not all of them, the latter may require the former to seek satisfaction from those funds to which the latter has no such claim, so far as it can be done without impairing the right of the former to complete satisfaction, and without doing injustice to third persons.
Cal. Civ. Code § 3433
GENERAL PRINCIPLES
Applied in 14 court decisions — leading case 40 Cal. App. 4th 1001 - Lyons v. Security Pacific National Bank (1995)
Most recently applied in 40 Cal. App. 4th 1001 - Lyons v. Security Pacific National Bank (October 1995)
Enacted 1872.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.