California Court of Appeal

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FISCHER v. FIRST INT'L BANK, D040165

When a bank enters into a written loan agreement that specifies the collateral for two different loans, and does not state that the loans will be cross-collateralized against each other, the bank may not subsequently enforce a broadly worded "dragnet" clause contained in the fine print of a standard form deed of trust securing one of the loans.

Appellate Information

  • Decided 06/25/2003
  • Published 06/25/2003

Judges

  • AARON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Bruckner & Walker, William L. Bruckner, San Diego, and Charles F. Walker for Plaintiffs and Appellants Karl E. Fischer et al.

  • For Appellees:
  • Browne & Woods, Michael J. Olecki, Beverly Hills, and Sonia Y. Lee for Defendant and Appellant Investors Title Company., Solomon, Grindle, Silverman & Spinella and Stephen M. Spinella, San Diego, for Defendant and Respondent First International Bank.
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