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DOYKA v. SUPERIOR COURT

Docket No. A054118.

233 Cal.App.3d 1134 (1991)

285 Cal. Rptr. 14

THADDEUS C. DOYKA, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; JOHN A. LORD, as Trustee, etc., Real Party in Interest.

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

August 29, 1991.

Attorney(s) appearing for the Case

COUNSEL

Leland, Parachini, Steinberg, Flinn, Matzger & Melnick, Paul J. Matzger and Craig A. Kepler for Petitioner.

No appearance for Respondent.

Silvestri & Hochman and William S. Hochman for Real Party in Interest.

OPINION

MERRILL, Acting P.J.

This petition challenges an order enjoining petitioner from using in any way the sum of $125,000 held in any bank account. We conclude that the court exceeded its authority.

Petitioner Thaddeus C. Doyka borrowed $125,000 from the Lord Trust through its trustee John A. Lord, upon a promise to secure the loan with a second deed of trust on property at 2572-2588 Pine Street in San Francisco. For reasons...

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