Legal Opinion
First Savings & Loan Ass'n v. Bank of America
California Court of Appeal
Decided February 16, 1970No. Civ. 25969PublishedCited by 3 opinions
1Opinion of the Court
Opinion
TAYLOR, J.
Bank of America (hereafter Bank) appeals from an adverse judgment allowing First Savings and Loan Association (hereafter First) restitution for its mistake in honoring a writ of execution against its depositors, Albert E. and Robin E. Bell (hereafter collectively referred to as Bell). The Bank contends that restitution was not the proper remedy as First’s mistake was one of law, and the satisfaction of the Bank’s prior judgment against Bell constituted a change of position. We cannot agree.
The facts are not in dispute. On July 26,1966, the Bank obtained a judgment for…
2Cases cited8 opinions
- National Bank of California v. MinerCalifornia Supreme Court · 1914
- Texas Company v. ToddCalifornia Court of Appeal · 1937
- Dunham v. McDonaldCalifornia Court of Appeal · 1917
- Western Etc. Oil Co. v. Title Insurance & Trust Co.California Court of Appeal · 1949
- American Oil Service, Inc. v. Hope Oil Co.California Court of Appeal · 1965
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3Cited by3 opinions
- Bridges v. Cal-Pacific Leasing Co.California Court of Appeal · 1971
- American Psychometric Consultants, Inc. v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1995
- Willis v. Bank of AmericaCalifornia Court of Appeal · 1973