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WELLENKAMP v. BANK OF AMERICA

Docket No. L.A. 30776.

21 Cal.3d 943 (1978)

582 P.2d 970

148 Cal. Rptr. 379

CYNTHIA J. WELLENKAMP, Plaintiff and Appellant, v. BANK OF AMERICA et al., Defendants and Respondents.

Supreme Court of California.

August 25, 1978.

Attorney(s) appearing for the Case

COUNSEL

Fred Crane for Plaintiff and Appellant.

Jerome Zamos, Kipperman, Shawn, Keker & Brockett, Steven M. Kipperman, Friedman & Sloan, Stanley J. Friedman and Gary Garfinkle as Amici Curiae on behalf of Plaintiff and Appellant.

George W. Coombe, Jr., Harris B. Taylor, Alfred T. Twigg and John A. Judge for Defendants and Respondents.

McKenna & Fitting, Bernard Kolbor, Aaron M. Peck, Thomas A. Seaton, Hahn, Cazier, Hoegh & Leff, Arthur Fine and Andrew E. Katz as Amici Curiae on behalf of Defendants and Respondents.

OPINION

MANUEL, J.

(1) (See fn. 1.) We address today the question whether enforcement of a due-on clause,1 contained in a deed of trust securing real property, upon an outright sale of that property, constitutes an unreasonable restraint on alienation in violation of California law.

In July 1973, Birdie, Fred and Dorothy Mans (Mans) purchased...

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