BANK OF AMERICA v. SUPERIOR COURT

Docket No. 9998.

4 Cal.App.3d 435 (1970)

84 Cal. Rptr. 421

BANK OF AMERICA, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; VICTOR A. KRISCHE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

February 16, 1970.


Attorney(s) appearing for the Case

COUNSEL

Robert H. Fabian, Harris B. Taylor, Charles R. Gustafson, Richard C. Herr, Paul H. Johnson, Burton V. McCullough and Robert E. Weiner for Petitioner.

No appearance for Respondent.

Burton Shamsky and Robert Grosz for Real Party in Interest.


OPINION

WHELAN, J.

Petitioner Bank of America National Trust and Savings Association (Bank) made a motion for summary judgment against the real party in interest, Victor A. Krische (Krische), in action #313210 in which Bank is plaintiff and Krische is defendant. The motion was heard and denied by the superior court on October 22, 1969.

The issues to be resolved are whether Bank's motion should have been

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