Dehorney v. BK of Am. Nat. Trust Sav. Assoc

Full title: VICKI J. DEHORNEY, PLAINTIFF-APPELLANT, v. BANK OF AMERICA NATIONAL TRUST…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 22, 1985

865 F.2d 982 (9th Cir. 1985)

Opinion

No. 84-2252.

Argued and Submitted April 10, 1985.

Decided November 22, 1985. Filed January 5, 1989.

David R. Olick, Martinez, Cal., for plaintiff-appellant.

Patricia K. Gillette and Mark S. Ross, Esqs., Schachter, Kristoff, Ross, Sprague Curiale, San Francisco, Cal., for defendants-appellees.

Charles E. Voltz, Michael H. Salinsky, and Kevin M. Fong, Pillsbury, Madison Sutro, San Francisco, Cal., for amicus curiae.

Appeal from the United States District Court for the Northern District of California; Marilyn H. Patel, District Judge, Presiding.

Before FLETCHER,^_ CANBY, and NORRIS Circuit Judges

_ Judge Fletcher was drawn to replace Judge Jameson, who has retired.

ORDER

The order of this court filed February 19, 1986 staying action on the petition for rehearing in this case is VACATED in light of the decision by the California Supreme Court in Foley v. Interactive Data Corp., 254 Cal.Rptr. 211, 765 P.2d 373 (1988).

The parties shall file supplemental briefs discussing the applicability of Foley to this case. The briefs shall be filed no later than February 6, 1989 and shall not exceed 25 pages in length.