RESOLUTION TRUST CORP. v. STATE OF CAL.

No. CV 92-6230 RG.

851 F.Supp. 1453 (1994)

RESOLUTION TRUST CORPORATION, in its corporate capacity and as Receiver for: American Interstate Savings Association, F.A.; Arrowhead Pacific Federal Savings Bank; Atlantic Financial F.S.B.; Beach Federal Savings Bank; Brookside Federal Savings and Loan Association; Cabrillo Federal Savings Bank; Charter Savings Bank, F.S.B.; City Federal Savings & Loan Association, F.A.; Columbia Savings & Loan Association; Constitution Federal Savings Association; County Bank, F.S.B.; Executive Savings Bank, F.S.B.; Far West Savings and Loan Association, F.A.; Financial Federal Savings & Loan Association; First California Savings, F.S.A.; First Federal Savings & Loan Association; First Network Federal Savings Bank; Founders Federal Savings & Loan Association; Gateway Federal Savings Bank; Gibraltar Savings, F.A.; Gold River Savings Bank; the Guardian Federal Savings & Loan Association; Heartland Savings and Loan Association; Huntington Federal Savings and Loan Association; Imperial Federal Savings Association; Independence Savings and Loan Association; Investment Federal Savings & Loan Association; Liberty Federal Savings Bank; Malibu Savings Bank, F.S.B.; Lincoln Savings & Loan Association, F.A.; Mercury Federal Savings & Loan Association; Midwest Savings Association, F.A.; Pacific Coast Federal Savings Association of America; Pacific Savings Bank; Peninsula Federal Savings & Loan Association; Perpetual Savings Association, a Federal Savings and Loan Association; Progressive Savings Bank, F.S.B.; Rancho Bernardo Federal Savings Bank; Royal Oak Savings and Loan Association; Santa Barbara Federal Savings and Loan Association; Santa Paula Savings and Loan Association; Saratoga Federal Savings and Loan Association; Security Federal Savings Association; Sierra Savings & Loan Association, F.A.; Southwest Federal Savings Association; Time Federal Savings and Loan Association; Unified Savings, a Federal Savings and Loan Association; Unity Savings and Loan Association, F.A.; Valley Federal Savings and Loan Association; Washington Savings and Loan Association; Westco Savings Bank, F.S.B.; Western Empire Federal Savings and Loan Association; Westport Federal Savings Bank; Westwood Savings and Loan Association; and Wilshire Federal Savings & Loan Association, Plaintiff, v. STATE OF CALIFORNIA; Gray Davis as Controller of the State of California; Daniel E. Lungren as Attorney General of the State of California; and Pacific Heritage Bank, Defendants. RESOLUTION TRUST CORPORATION, in its corporate capacity and as Receiver, etc., et al., Plaintiff, v. STATE OF CALIFORNIA, et al., Defendants.

United States District Court, C.D. California.

May 4, 1994.


Attorney(s) appearing for the Case

Susan J. Triplett, Jonathan M. Gordon, William E. Berner, Jr., McClintock, Weston, Benshoof, Rochefort, Rubalcava & MacCuish, and Pamela R. Piland, Los Angeles, CA, for Resolution Trust Corp. (Mark P. Hileman, Asst. Gen. Counsel and Kevyn D. Orr, Senior Counsel, Resolution Trust Corp., Washington, DC, of counsel).

Daniel E. Lungren, Atty. Gen. State of Cal. and Yeoryios C. Apallas, Deputy Atty. Gen., San Francisco, CA, for defendant.


MEMORANDUM AND ORDER RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

GADBOIS, District Judge:

The plaintiff Resolution Trust Corporation ("RTC") in its Corporate Capacity and as Receiver for 52 financial institutions placed into receivership between August 1989 and October 1992, moves this Court for summary judgment on its claims for declaratory and injunctive relief against defendants the State of California (the "State" or "California") and Gray Davis as Controller...

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