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KIRKPATRICK v. WESTAMERICA BANK

No. C026817.

76 Cal.Rptr.2d 876 (1998)

65 Cal.App.4th 982

William G. KIRKPATRICK et al., as Trustees, etc., Plaintiffs and Appellants, v. WESTAMERICA BANK, Defendant and Respondent.

Court of Appeals of California, Third District

July 28, 1998.

Attorney(s) appearing for the Case

Hansen, Boyd, Culhane & Watson, Hartley T. Hansen, Lorraine M. Pavlovich, Thomas L. Riordan, Sacramento, Wendel, Rosen, Black & Dean, Charles A. Hansen, Oakland, for Plaintiff and Appellant.

Bronson, Bronson & McKinnon, Terrence V. Ponsford, Patricia H. Cullison, San Francisco, for Defendant and Respondent.

Certified for Partial Publication.

BLEASE, Acting Presiding Justice.

This is an appeal from a summary judgment granted defendant Westamerica Bank (the Bank) in an action to declare the Bank waived its loan security and forfeited its right to collect a debt of some four million dollars for violation of the one form of action rule. (Code Civ. Proc., § 726, hereafter section 726.)

The Kirkpatrick Family Trust (the Trust) borrowed money from the Bank...

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