holding the enforcement of a due-on-encumbrance clause to be an unreasonable restraint on alienation unless the borrower’s conduct endangers the lender’s security
How later courts described this case
- holding the enforcement of a due-on-encumbrance clause to be an unreasonable restraint on alienation unless the borrower’s conduct endangers the lender’s security
- “The fact that plaintiffs’ definition of the class is not acceptable does not require dismissal of the class allegations.... [CJourts should employ the full measure of the discretion granted by [Rule 23] whenever a fair reading of the complaint permits, to define classes ... in a manner that will permit utilization of the class action procedure.”
- “Even if the named plaintiff receives all the benefits that he seeks in the complaint, such success does not divest him of the duty to continue the action for the benefit of others similarly situated.”
- savings and loan association could not void class suit by remedying representative plaintiffs’ injuries instead of the class of borrowers as a whole
Written by the judges who cited it.
The opinion
McCOMB, J.
I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Thompson in the opinion prepared by him for the Court of Appeal in La Sala v. American Sav. & Loan Assn. (Cal.App.) 91 Cal.Rptr. 238 .