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FAMILIAN CORP. v. IMPERIAL BANK

Docket No. G004954.

213 Cal.App.3d 681 (1989)

262 Cal. Rptr. 101

FAMILIAN CORP., Plaintiff and Appellant, v. IMPERIAL BANK, Defendant and Appellant.

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

August 29, 1989.

Attorney(s) appearing for the Case

COUNSEL

George Sykulski, Stanley P. Lieber, Loraine Todd and Rochelle Reben for Plaintiff and Appellant.

Rosen, Wachtell & Gilbert, Mark L. Luevano, Jeffrey S. Wruble, Larry W. Gabriel and Jonathan D. Fink for Defendant and Appellant.

[Opinion certified for partial publication.1]

OPINION

WALLIN, J.

Can a secured construction lender defeat a bonded stop notice claimant's statutory priority to construction loan proceeds by segregating the fund into preallocated accounts and thereafter deducting charges and interest as accrued? The construction lender, Imperial Bank, appealing the...

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