Inequitable Noncontribution

4 Pages Posted: 23 Mar 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Date Written: November 1, 2007


This article discusses a California case rejecting a guarantor’s claim of equitable contribution from co-guarantors because they were not at the same level of liability, and also rejecting a subrogation claim because it could be used only against the primary debtor, not other secondary debtors.

Keywords: Equitable Contribution, Subrogation, Loan Transaction, Contribution, Morgan Creek Residential v. Kemp, Suretyship

JEL Classification: K11

Suggested Citation

Bernhardt, Roger, Inequitable Noncontribution (November 1, 2007). Available at SSRN: or

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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