Zelickman v. Bell Federal Savings & Loan Ass'n`

Morton and Sharlene Zelickman and Walter F. Osbom (plaintiffs) filed a second amended and supplemental complaint (referred to as “complaint”) individually and on behalf of all mortgage borrowers from Bell Federal Savings and Loan Association (defendant). Plaintiffs sought an accounting in behalf of the class they seek to represent on the theory that certain sums paid to defendant constituted a trust and earnings upon these funds should inure to the benefit of the class. The trial court sustained a motion to dismiss filed by defendant and filed a memorandum opinion in which he held that no…