CAITO v. UNITED CALIFORNIA BANK

Docket No. L.A. 30811.

20 Cal.3d 694 (1978)

576 P.2d 466

144 Cal. Rptr. 751

PHILIP J. CAITO et al., Plaintiffs and Respondents, v. UNITED CALIFORNIA BANK, Defendant and Appellant.

Supreme Court of California.

March 3, 1978.


Attorney(s) appearing for the Case

COUNSEL

Lillick, McHose & Charles, John F. Kimberling, Nancy R. Schauer, John M. Mann and Marc S. Homme for Defendant and Appellant.

Horton, Knox, Carter & Foote, R.L. Knox, Jr., and Frank A. Oswalt III for Plaintiffs and Respondents.


OPINION

CLARK, J.

United California Bank appeals from judgment declaring the interests of Philip and Theodora Caito in proceeds of a nonjudicial foreclosure of real property to be senior to those of the bank.

From 1952 to 1973, Mr. and Mrs. Caito and A.P. and Marie Caponi were cotenants in a 130-acre farm near Calexico. The Caitos resided in Indiana and the Caponis managed the property until Mr. Caponi was disabled in 1967...

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