WASHINGTON MUTUAL BANK, FA, Petitioner,
v.
The SUPERIOR COURT of Orange County, Respondent; Jayne A. Briseno, Real Party in Interest.
Supreme Court of California.https://leagle.com/images/logo.png
January 25, 2001.
January 25, 2001.
Attorney(s) appearing for the Case
Stroock & Stroock & Lavan, Julia B. Strickland, Lisa M. Simonetti, Los Angeles, and Andrew W. Moritz, for Petitioner.
O'Melveny & Myers, Martin S. Checov, Brian P. Brooks, Canton, MA, John H. Beisner and William H. Satchell for the Product Liability Advisory Council, Inc., American Bankers Association, California Chamber of Commerce, California Bankers Association and Chamber of Commerce of the United States as Amici Curiae on behalf of Petitioner.
Severson & Werson, Jan T. Chilton, Mark Joseph Kenney, Michael J. Steiner and William L. Stern, San Francisco, for Mortgage Bankers Association of America, California Mortgage Bankers Association, American Financial Services Association and California Financial Services Association as Amici Curiae on behalf of Petitioner.
Gibson, Dunn & Crutcher, Gail E. Lees, Los Angeles, Kevin R. Nowicki, Irvine, and Thomas D. Bunton for ITT Residential Capital Corporation, ITT Residential Capital Servicing Corporation and ITT Bowest as Amici Curiae on behalf of Petitioner.
No appearance for Respondent.
Blumenthal Ostroff & Markham, Norman B. Blumenthal, David R. Markham, Sheldon A. Ostroff, Barron E. Ramos, San Diego; Chavez & Gertler and Mark A. Chavez, San Francisco, for Real Party in Interest.
Kirby Mclnerney & Squire, Alice Mclnerney, New York, NY, Jill M. Manning; Law Office of Jeffrey F. Keller, Jeffrey F. Keller, San Francisco; Law Office of Patrick O. Patterson, Patrick 0. Patterson and Gretchen E. Miller, Milwaukee, WI, for Roger Babcock et al, as Amici Curiae on behalf of Real Party in Interest.
Supreme Court of California.
BAXTER, J.
The trial court certified this case as a nationwide class action without determining the force and effect of contractual agreements that, according to the defendant, would require the application of different states' laws in the action. The Court of Appeal found certification was proper because the defendant had failed to show that the contractually selected laws would lead to different results. We conclude the certification order must be vacated, for it...
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