Levine
Levine v. Second National Bank of Danville
Opinion
Lead Opinion
Kingsley, J.
Plaintiffs appeal from an order granting defendant bank’s motion to quash service on it. For the reasons set forth below, we reverse the order.
Plaintiffs sued to recover rent allegedly unpaid on leases of real property in California. The complaint joined, as a defendant, respondent bank, a national banking institution having its place of business in Illinois. The bank was joined on the theory that the bank had acquired all of the assets of the lessee, rendering lessee insolvent, with resultant damage to plaintiffs.
No question is here raised as to the sufficiency of the complaint to state a cause of action against the bank. The sole issue is whether, on the facts as shown by the record, the bank is subject to suit in California.
*260 As we said in Nevada Nat. Bank v. Superior Court (1975) 45 Cal.App.3d 966 at page 968 [ 119 Cal.Rptr. 778 ]:
In the case at bench, plaintiffs rely on the decision in Michigan Nat. Bank v. Superior Court (1972) supra, 23 Cal.App.3d 1 . Defendant relies on the decision in J. G. Ferguson Pub. Co. v. First Nat. Bank of Boston (1976) 60 Cal.App.3d 188 [ 131 Cal.Rptr. 344 ]. We regard the Michigan Nat. Bank case as controlling and Ferguson as…