Calva Products v. Security Pacific National Bank

Plaintiffs (Calva and Chase) brought an action against Security Pacific National Bank (Security Pacific) and other named and unnamed defendants for damages for conversion of 900 head of plain tiffs’ cattle. The trial court granted Security Pacific’s motion for a summary judgment and plaintiffs appeal from the ensuing judgment. The principal issue concerns the constitutionality of Civil Code section 2980.5 requiring the recordation of bailment and feeding contracts for dairy cattle.

The record on appeal reveals the following facts:

I

Summary Judgment

A motion for summary judgment should be granted only if all the admissible evidence contained in the declarations submitted by the parties shows that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c; Blair v. Pitchess (1971) 5 Cal.3d 258, 285 [ 96 Cal.Rptr. 42 , 486 P.2d 1242 , 45 A.L.R.3d 1206 ]; Black v. Sullivan (1975) 48 Cal.App.3d 557, 567 [ 122 Cal.Rptr. 119 ]; Daugherty Co. v. Kimberly-Clark Corp. (1971) 14 Cal.App.3d 151, 154 [ 92 Cal.Rptr. 120 ].) If there is a single material factual issue, the motion for summary…