Garfinkle

This appeal is from a judgment entered in favor of respondent Wells Fargo Bank (Bank) after an order (1) vacating an order certifying a class, and (2) granting the Bank’s motion for summary judgment dismissing this action as a class action.

*516 This action is one of a number of legal actions between Susan and Gary Garfinkle (the Garfinkles) and Wells Fargo Bank, all of which arose after the Garfinkles purchased a residence in 1970 from sellers whose loan on the property was secured by a deed of trust in favor of the Bank. 1 The deed of trust contained a standard due-on-sale clause providing that the Bank could accelerate the balance due on the loan if the sellers sold without its written consent. The Bank offered to let the Garfinkles assume the loan at an increased rate of interest in return for its agreement not to accelerate, but the Garfinkles refused to assume on those terms. The Bank then informed sellers and the Garfinkles that the note was due in its entirety; when that balance due was not paid, the Bank recorded notice of default as authorized by the due-on-sale clause, and indicated its intent to sell the property.

The Garfinkles then commenced a series of…

On July 21,1982, appellant filed a request to dismiss the appeal (rule 19(b) Cal. Rules of Court). Respondent has not opposed the request. Rather than decide the ease on its merits, I would dismiss the appeal.

SCOTT, Acting P.J.

This appeal is from a judgment entered in favor of respondent Wells Fargo Bank (Bank) after an order (1) vacating an order certifying a class, and (2) granting the Bank's motion for summary judgment dismissing this action as a class action.

This action is one of a number of legal actions between Susan and Gary Garfinkle (the Garfinkles) and Wells Fargo Bank, all of which arose after the Garfinkles purchased a residence in 1970 from sellers whose loan on the property was secured by a deed of trust in favor of the Bank. [1] The deed of trust contained a standard due-on-sale clause providing that the Bank could accelerate the balance due on the loan if the sellers sold without its written consent. The Bank offered to let the Garfinkles assume the loan at an increased rate of interest in return for its agreement not to accelerate, but the Garfinkles refused to assume on those terms. The Bank then informed sellers and the Garfinkles that the note was due in its entirety; when that balance due was not paid, the Bank recorded notice of default as authorized by the due-on-sale clause, and indicated its intent to sell the property.

The Garfinkles then…