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PEATROS v. BANK OF AMERICA NT & SA

No. S076454.

91 Cal.Rptr.2d 659 (2000)

22 Cal.4th 147

990 P.2d 539

Ora PEATROS, Plaintiff and Appellant, v. BANK OF AMERICA NT & SA et al., Defendants and Respondents.

Supreme Court of California.

January 10, 2000.

Attorney(s) appearing for the Case

Law Offices of Nikki Tolt, Nikki Tolt, Beverly Hills; Quackenbush and Quackenbush and William C. Quackenbush, San Mateo, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Louis Verdugo, Jr., Assistant Attorney General, and Kathleen W. Mikkelson, Deputy Attorney General for the Fair Employment and Housing Commission as Amicus Curiae on behalf of Plaintiff and Appellant.

Paul, Hastings, Janofsky & Walker, Barbra L. Davis, Martin C. Mead and John C. Oakes, Los Angeles, for Defendants and Respondents Bank of America NT & SA and C. Gordon Brown.

Heller, Ehrman, White & McAuliffe, Robert A. Rosenfeld, Patricia K. Gillette, Cynthia J. Griffith; Kenneth D. Hoffman, San Francisco, and Susan S. Berman for Defendant and Respondent Bank of America NT & SA.

Christopher Chenoweth and Leland Chan, San Francisco, for California Bankers Association as Amicus Curiae on behalf of Defendants and Respondents.

MOSK, J.

Section 8 of the National Bank Act of 1864, as later incorporated as amended in section 5136 of title 62 of the Revised Statutes of 1878, and as presently codified at section 24, paragraph Fifth, of title 12 of the United States Code (section 24, Fifth), which is its common designation, grants a national bank the power to "dismiss" any of its officers "at pleasure" by its board of directors, including its "president, vice president, cashier, and other officers...

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