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VILNER v. CROCKER NATIONAL BANK

Docket No. 43086.

89 Cal.App.3d 732 (1979)

152 Cal. Rptr. 850

ISRAEL VILNER, Plaintiff and Appellant, v. CROCKER NATIONAL BANK, Defendant and Respondent.

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

February 26, 1979.

Attorney(s) appearing for the Case

COUNSEL

Rush, Smith & Bionda and Vernon F. Smith for Plaintiff and Appellant.

Severson, Werson, Berke & Melchior, Dennis M. Talbot, Jan T. Chilton and Steven W. Waldo for Defendant and Respondent.

OPINION

HALVONIK, J.

Appellant Vilner operates a restaurant in Marin County. In 1970 he entered into a written night depository agreement with respondent Crocker. The agreement included a standard clause exculpating the bank from liability for loss except for losses attributable to gross negligence or willful misconduct.

Appellant regularly used the night depository service of respondent in Novato, normally making drops Sunday...

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