Legal Opinion

Bank of America v. Superior Court

California Court of Appeal

Decided February 16, 1970No. Civ. 9998PublishedCited by 21 opinions

1Opinion of the Court

Opinion

WHELAN, J.

Petitioner Bank of America National Trust and Savings Association (Bank) made a motion for summary judgment against the real party in interest, Victor A. Krische (Krische), in action #313210 in which Bar# is plaintiff and Krische is defendant. The motion was heard and denied by the superior court on October 22, 1969.

The issues to be resolved are whether Bank’s motion should have been granted; if so, whether it was an abuse of judicial discretion to deny it; if so, whether mandamus is an appropriate remedy to correct that abuse.

The Record Before the Superior Court on the…

2Cases cited17 opinions

  1. State, ex rel. Overmeyer v. WalinskiOhio Supreme Court · 1966
  2. Harden v. Superior CourtCalifornia Supreme Court · 1955
  3. Dzack v. MarshallNevada Supreme Court · 1964
  4. First National Bank v. ReedCalifornia Supreme Court · 1926
  5. Carter v. Superior CourtCalifornia Court of Appeal · 1956

12 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Asia Investment Co. v. BorowskiCalifornia Court of Appeal · 1982
  2. Roman Catholic Archbishop v. Superior CourtCalifornia Court of Appeal · 1971
  3. Zeilman v. County of KernCalifornia Court of Appeal · 1985
  4. Bonus-Bilt, Inc. v. United Grocers, Ltd.California Court of Appeal · 1982
  5. Federal Deposit Insurance Corporation, as Receiver of United States National Bank v. First National Finance Company, Federal Deposit Insurance Corporation, as Receiver of United States National Bank v. United Oil Well Supply CompanyCourt of Appeals for the First Circuit · 1978

16 more not listed; retrieve them via the Exa API.

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