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BENTLER v. BANK OF AMERICA

No. 90-55207.

959 F.2d 138 (1992)

Randolph C. BENTLER, Plaintiff-Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 17, 1992.

Attorney(s) appearing for the Case

Mark E. Overland, Overland & Gits, Santa Monica, Cal., for plaintiff-appellant.

Robert F. Walker, Paul, Hastings, Janofsky & Walker, Santa Monica, Cal., for defendant-appellee.

Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges.

KOZINSKI, Circuit Judge.

The right to trial by jury having been "intended to secure the individual from the arbitrary exercise of the powers of government," Bank of Columbia v. Okely, 17 U.S. (4 Wheat.) 235, 244, 4 L.Ed. 559 (1819), "every encroachment upon it has been watched with great jealousy." Parsons v. Bedford, 28 U.S. (3 Pet.) 433, 446, 7 L.Ed. 732 (1830), overruled on other grounds, NLRB v. Jones & Laughlin Steel Corp.,

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