Chohon

I dissent as to that part of the judgment which affirms the trial court in dismissing the third, fourth and seventh causes of action.

I concur in the judgment insofar as it reverses the trial court in granting a summary judgment in the first and fifth causes of action.

I would affirm the judgment of the trial court in denying summary judgment as to the second and sixth causes of action.

A reading of the record in this case (which includes many of the bank’s own documents) indicates without any question that the bank was engaged in chicanery and deceit in many of the transactions in question. Further, it is indicated that some perjured testimony was given by the bank’s representative at the criminal trial of plaintiff (and even that the prosecutor at that trial knew or had good reason to believe that some of the oral testimony of the bank’s officer witness was in direct contradiction to the official records of the bank then in the possession of the prosecutor) and, consequently, the rule in Teitelbaum Furs, Inc. v. Dominion Ins. Co., Ltd., 58 Cal.2d 601 [ 25 Cal.Rptr. 559 , 375 P.2d 439 ] should not apply. I am convinced that under the particular and peculiar circumstances of…

Cross-appeals are here presented, the controversy involving seven asserted causes of action against defendants in which damages are asked “for conspiracy to commit fraud and deceit and malicious interference with business relations of bank customer.” Demurrers to the third, fourth and seventh counts of the first amended complaint having been sustained without leave to amend, the action was dismissed as to said counts; as to the first and fifth counts, defendants’ motion for summary judgment was granted and the action likewise dismissed as to these counts. Plaintiff’s appeal is from the adverse portions of the above judgment. A motion by defendants for summary judgment as to the second and sixth counts, however, was denied; the cross-appeal is from such portions of the same judgment.

The litigation centers around three business transactions between plaintiff and defendant Farmers & Merchants Bank (referred to hereinafter as “Farmers”) during the course of 1958 while plaintiff was a customer of Farmers. In April of that year, according to count one, plaintiff was indebted to Farmers in the sum of $214,500 evidenced by unsecured notes; he was also indebted in other amounts to other…