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WELLS FARGO BANK v. SUPERIOR COURT

Docket No. A043383.

206 Cal.App.3d 918 (1988)

254 Cal. Rptr. 68

WELLS FARGO BANK, N.A., Petitioner, v. THE SUPERIOR COURT OF SAN FRANCISCO COUNTY, Respondent; WILLIAM G. SWIGERT, JR., et al., Real Parties in Interest.

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

December 20, 1988.

Attorney(s) appearing for the Case

COUNSEL

Jerome B. Falk, Jr., Martha K. Cunningham, George B. Shepherd and Howard, Rice, Nemerovski, Canady, Robertson & Falk for Petitioner.

No appearance for Respondent.

Reuben, Quint & Valkevich, James A. Reuben, Joel Yodowitz and Susan E. Weber for Real Parties in Interest.

OPINION

BENSON, J.

(1) We are asked to determine whether the trial court may refuse to hear a summary judgment motion filed within the time limits of Code of Civil Procedure section 437c.1 We determine it may not and find the local rule relied on by the trial court, as applied in this instance, is invalid since it conflicts with state law.

Petitioner Wells Fargo Bank, N.A., seeks a...

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