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SUMITOMO BANK v. DAVIS

Docket Nos. H008564, H008739.

4 Cal.App.4th 1306 (1992)

6 Cal. Rptr.2d 381

SUMITOMO BANK OF CALIFORNIA, Plaintiff and Respondent, v. STAN M. DAVIS et al., Defendants and Appellants. STAN M. DAVIS et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; SUMITOMO BANK OF CALIFORNIA, Real Party in Interest.

Court of Appeals of California, Sixth District.

March 25, 1992.

Attorney(s) appearing for the Case

COUNSEL

Andrews & Kurth, Laurence E. Wiseman and Robert E. White for Defendants and Appellants and for Petitioners.

No appearance for Respondent Superior Court.

Leland, Parachini, Steinberg, Flinn, Matzger & Melnick, Paul J. Matzger, Steven B. Mains and Craig A. Kepler for Plaintiff and Respondent and for Real Party in Interest.

[Opinion certified for partial publication.*]

OPINION

STONE, J.* —

1. Introduction

Stan Davis and Metropolis Capital Corporation, partners in a partnership owning commercial realty in San Jose (partners), appeal from an order appointing a receiver to manage the property during this action brought by Sumitomo Bank of California (Bank) to obtain...

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