Billmeyer

Billmeyer v. Plaza Bank of Commerce

Good Law
1995 Cal. App. LEXIS 1291·42 Cal. App. 4th 1086·50 Cal. Rptr. 2d 119·96 Daily Journal DAR 2025·96 Cal. Daily Op. Serv. 1187
Court of Appeal of CaliforniaApril 17, 1995H011573California4,859 words

Opinion

Opinion

Premo, J.

Plaintiffs John Billmeyer, trustee for the bankruptcy estate of Coast Range Transport, Inc. (hereafter, Coast Range), and Dennis and Nancy Kendall sued defendants Plaza Bank of Commerce (now Comerica Bank-Califomia) (hereafter, Plaza) and Pamela Bogle for losses allegedly caused by defendants’ lending practices which forced Coast Range into bankruptcy. The trial court granted defendants’ motion for summary judgment holding that (1) Billmeyer’s claims were barred by res judicata (and federal exclusive jurisdiction principles), and (2) the Kendalls’ claims were barred by the statute of limitations and standing principles. On appeal, plaintiffs dispute the trial court’s application of the law. We affirm the judgment.

Scope of Review

The parties agree on the material facts. Defendants were therefore entitled to judgment if their contentions as to the applicability of the law are correct. (Pacific Auto. Ins. Co. v. Wolff (1977) 72 Cal.App.3d 537, 540 [ 140 Cal.Rptr. 164 ].)

Background

The Kendalls owned Coast Range, a trucking business that they began in 1981. Plaza obtained Coast Range’s banking business in 1986. In 1988, federal deregulation of the trucking business…

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