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DE LA CUESTA v. FIDELITY FED. SAV. & LOAN ASSN.

Docket No. 23253.

121 Cal.App.3d 328 (1981)

175 Cal. Rptr. 467

REGINALD D. DE LA CUESTA et al., Plaintiffs and Appellants, v. FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION et al., Defendants and Respondents. ALPHONSO MOORE et al., Plaintiffs and Appellants, v. FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION et al., Defendants and Respondents. JOHN D. WHITCOMBE, Plaintiff and Appellant, v. FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION et al., Defendants and Respondents.

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

July 2, 1981.

Attorney(s) appearing for the Case

COUNSEL

Fred Crane, David M. Ramirez, Mark A. Hiller and Robert E. Boehmen for Plaintiffs and Appellants.

George Deukmejian, Attorney General, Joseph M. O'Heron, Deputy Attorney General, Richard M. Mosk, W. Gary Kurtz, John R. Hetland, Charles A. Hansen and John W. Dumas as Amici Curiae on behalf of Plaintiffs and Appellants.

Hahn, Cazier & Leff, Andrew E. Katz, Steven G. Polard and Walter L. Blackwell III for Defendants and Respondents.

Henry L. Judy, Maud Mater, Gary S. Smuckler, Marilyn E. Nathanson and Mark C. Ellenberg as Amici Curiae on behalf of Defendants and Respondents.

OPINION

KAUFMAN, Acting P.J. —

INTRODUCTION

This is an appeal from summary judgment in favor of defendants in three cases consolidated in the trial court. Where appropriate, the cases will be referred to as the de la Cuesta case, the Moore case, and the Whitcombe case. Each action was commenced by the purchaser of property encumbered by a deed of trust seeking declaratory and injunctive relief against threatened foreclosure...

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