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FIRST NAT. BANK OF OAKLAND v. SUPERIOR COURT

Docket No. 23250.

240 Cal.App.2d 109 (1966)

49 Cal. Rptr. 358

FIRST NATIONAL BANK OF OAKLAND, Petitioner, v. SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; NORTHERN CALIFORNIA SMALL BUSINESS INVESTMENT COMPANY, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

February 10, 1966.

Attorney(s) appearing for the Case

Hollander, Lipian, Horwitz & Kornfield and Irving J. Kornfield for Petitioner.

No appearance for Respondent.

Roger L. Mosher, T.C. Carlstrom, McCloskey, Wilson, Mosher & Martin and William I. Cohen for Real Party in Interest.

DRAPER, P.J.

Petitioner is a national banking association. It and real party in interest are beneficiaries of separate deeds of trust upon all or part of the same property. Defaults occurred under both deeds, and the beneficiaries differed as to their respective priorities.

[1a] Real party filed an action in the superior court. That court issued temporary restraining order prohibiting sale by petitioner...

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