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DAWN INVESTMENT CO. v. SUPERIOR COURT

Docket No. L.A. 31413.

30 Cal.3d 695 (1982)

639 P.2d 974

180 Cal. Rptr. 332

DAWN INVESTMENT CO., INC., et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; EDITH BECK et al., Real Parties in Interest.

Supreme Court of California.

February 4, 1982.

Attorney(s) appearing for the Case

COUNSEL

Saul S. Kreshek and Alex J. Rose for Petitioners.

Hill, Farrer & Burrill, Jack R. White, Steven W. Bacon, Wm. Harol Borthwick, Almon B. McCallum, Loring E. Tocchini, McKenna, Conner & Cuneo, Aaron M. Peck, Sara J. Smith and C. Steven McMurray as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Mulvey & Mulvey, Michelle Mulvey and Bernard M. Mulvey for Real Parties in Interest.

Dudley Gray, John R. Hetland, Charles A. Hansen and Fred Crane as Amici Curiae on behalf of Real Parties in Interest.

OPINION

BROUSSARD, J.

Wellenkamp v. Bank of America (1978) 21 Cal.3d 943 [148 Cal.Rptr. 379, 582 P.2d 970], held that lender enforcement of a due-on-sale clause, contained in a deed of trust or promissory note secured by real property, constitutes an unreasonable restraint on alienation unless the lender...

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