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Cougar Canyon Loan, LLC v. Cypress Fund, LLC, 2020 UT 28 (May 18, 2020)

May 18, 2020

The district court granted a writ of execution allowing Cougar Canyon Loan, LLC to foreclose on a malpractice claim owned by Cypress Fund, LLC.  On appeal, Cougar Canyon argued that a party that benefits from malpractice should not be able to execute on the claim as a matter of public policy.  The supreme court rejected the argument, holding that the plain language of Utah R. Civ. P. 64 and 64E allowed foreclosure of legal claims through writs of execution.