Sierra-Bay Federal Land Bank Ass'n v. Superior Court

Bad Law

1991 Cal. App. LEXIS 87·227 Cal. App. 3d 318·277 Cal. Rptr. 753·91 Daily Journal DAR 1469·91 Cal. Daily Op. Serv. 895

Court of Appeal of CaliforniaJanuary 30, 1991C007091California7,216 words

Opinion

Sparks, J.

In this original proceeding petitioners, Sierra-Bay Federal Land Bank Association, R. Lewis Ward, William S. Bensley, and Western Farm Credit Bank, seek a peremptory writ of mandate directing the respondent superior court to vacate its decision overruling their demurrer to real party in interest, Dan S. Ciabattari’s, first amended complaint and to enter a new order granting the demurrer. This action arises out of the exercise of the power of sale in certain deeds of trust after plaintiff failed to repay loans obtained under the federal Farm Credit System. ( 12 U.S.C. § 2001 et seq.) Plaintiff alleges that defendants failed to comply with certain provisions of the Farm Credit Act of 1971 (Act), as amended by the Agricultural Credit Act of 1987, which would have precluded foreclosure. In overruling the demurrer the trial court reasoned that there may be a federal cause of action created by the Agricultural Credit Act of 1987, and that in any event the complaint stated a cause of action for negligence. In light of a subsequent decision of the federal Ninth Circuit Court of Appeals, it now appears that there is no express or implied private cause of action under federal law.…

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Parties

SIERRA-BAY FEDERAL LAND BANK ASSOCIATION
Plaintiff
THE SUPERIOR COURT OF SAN JOAQUIN COUNTY
Defendant

Judges

Sparks

Cites (43)

878 F.2d 1172
40 Cal. 3d 488
145 Cal. App. 3d 496
692 F. Supp. 1244
902 F.2d 22
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5 Cal. 3d 153
193 Cal. App. 3d 1597
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101 Cal. App. 3d 27
57 Cal. App. 3d 724
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202 Cal. App. 3d 38
461 U.S. 190
179 Cal. App. 3d 346
20 Cal. 3d 199
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7 Cal. 3d 170
98 Cal. App. 3d 98
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68 Cal. 2d 93
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15 Cal. 2d 243
117 Cal. App. 2d 326
27 Cal. App. 3d 170
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456 U.S. 353