Efstratis
Efstratis v. First Northern Bank of Dixon
Opinion
Opinion
Davis, J.
Plaintiff Andrew E. Efstratis appeals from an order of the trial court denying his motion for a preliminary injunction. He had sought to restrain defendant First Northern Bank of Dixon from taking any action to enter and enforce a confessed judgment he had executed. We shall reverse with directions.
Background
In their briefs, the parties provide the full factual context of their relationship, most of which we need not recount. All that is pertinent for our purposes on appeal is the execution by plaintiff Efstratis of a confession of judgment (§§ 1132-1134) in connection with obtaining an unsecured $500,000 line of credit from the defendant.
According to a declaration submitted by defendant in opposition to the motion, plaintiff Efstratis attended a meeting to sign loan documents without the corporation’s attorney (see fii.l, ante) who had accompanied him during previous negotiating sessions. Plaintiff Efstratis signed the confession of judgment. Defendant’s representative allowed the execution of the other documents to proceed, but reminded the plaintiff it was necessary to include an attorney declaration with the confession of judgment. (§ 1132, subd.…