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SECURITY PACIFIC NATIONAL BANK v. WOZAB

Docket No. S010502.

51 Cal.3d 991 (1990)

800 P.2d 557

275 Cal. Rptr. 201

SECURITY PACIFIC NATIONAL BANK, Plaintiff and Appellant, v. ANTON J. WOZAB et al., Defendants and Respondents.

Supreme Court of California.

November 29, 1990.

Attorney(s) appearing for the Case

COUNSEL

Lillick & McHose, Robert L. Morrison, Scott W. Carlson and Karen L. Heilman for Plaintiff and Appellant.

Gibson, Dunn & Crutcher and Dennis B. Arnold as Amici Curiae on behalf of Plaintiff and Appellant. Wise, Wiezorek, Timmons & Wise, Anthony F. Wiezorek and Richard P. Dieffenbach for Defendants and Respondents.

OPINION

EAGLESON, J.

A bank depositor owed a debt of approximately $1 million to his bank. The debt was secured by a deed of trust on the depositor's real property. Without first seeking to foreclose the security interest, the bank set off approximately $3,000 in the depositor's accounts in partial satisfaction of the debt. The debtor protested to the bank, contending the bank was required first to foreclose its security interest...

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