Giambattista v. National Bank of Commerce

(concurring in part and dissenting in part)—

1. I concur that the trial court's granting of defendant banks' motion for summary judgment against all plaintiffs be set aside.

2. I concur in reversing and remanding for trial the case of Vant Zelfde v. Security Savings and Loan Association. However, on retrial, I would limit inquiry to the sole issue of the validity of the Vant Zelfde "release."

3. I dissent in the majority's failure to grant plaintiffs' judgment on their motions for summary judgment in the consolidated cases of Giambattista and Titus v. Rainier National Bank.

Although the…