TUCKER v. LASSEN SAV. & LOAN ASSN.

Docket No. Sac. 8001.

12 Cal.3d 629 (1974)

526 P.2d 1169

116 Cal. Rptr. 633

JERRY TUCKER et al., Plaintiffs and Respondents, v. LASSEN SAVINGS AND LOAN ASSOCIATION et al., Defendants and Appellants.

Supreme Court of California. In Bank.

October 10, 1974.


Attorney(s) appearing for the Case

COUNSEL

Gibson, Dunn & Crutcher, G. Edward Fitzgerald, Martin C. Washton, Price, Burness & Price and R.E. Burness for Defendants and Appellants.

McKenna, Fitting & Finch, Bernard Kolbor and Aaron M. Peck as Amici Curiae on behalf of Defendants and Appellants.

Coshow, Barr & Tocher and John D. Barr for Plaintiffs and Respondents.

Jack F. Bonanno and Keil & Connolly as Amici Curiae on behalf of Plaintiffs and Respondents.


OPINION

SULLIVAN, J.

We deal here with a so-called "due-on" clause commonly used in security transactions in real property to provide, at the option of the lender, for the acceleration of the maturity of the loan upon the sale, alienation, or further encumbering of the real property security.1 In La Sala v. American Sav. & Loan Assn....

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