LA SALA v. AMERICAN SAV. & LOAN ASSN.

Docket No. L.A. 29851.

5 Cal.3d 864 (1971)

489 P.2d 1113

97 Cal. Rptr. 849

FRANK LA SALA et al., Plaintiffs and Appellants, v. AMERICAN SAVINGS & LOAN ASSOCIATION et al., Defendants and Respondents.

Supreme Court of California. In Bank.

October 21, 1971.


Attorney(s) appearing for the Case

COUNSEL

Rich & Ezer and Robert H. Somers for Plaintiffs and Appellants.

Thomas C. Lynch, Attorney General, Anthony C. Joseph and Andrea Sheridan Ordin, Deputy Attorneys General, as Amici Curiae on behalf of Plaintiffs and Appellants.

Daniel S. McDonald, Daniel L. Shafton, Mark Brandler and John R. Hetland for Defendants and Respondents.


OPINION

TOBRINER, J.

Plaintiffs Frank La Sala, Grace La Sala, and Dorothy Iford brought a class action against American Savings & Loan Association,1 (hereinafter "American") alleging that a provision in American's form of trust deed, which permits American to accelerate if the borrower executes a junior encumbrance on the secured property, constituted an invalid restraint upon alienation. American...

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