[DOWNLOAD] "Sierra-Bay Federal Land Bank Association V. Superior Court Of San Joaquin County" by Third Appellate District Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Sierra-Bay Federal Land Bank Association V. Superior Court Of San Joaquin County
- Author : Third Appellate District Court of Appeal of California
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 95 KB
Description
In this original proceeding petitioners, Sierra-Bay Federal Land Bank Association, R. Lewis Ward, William S. Bensley, and Western Farm Credit Bank, seek a peremptory writ of mandate directing the respondent superior court to vacate its decision overruling their demurrer to real party in interest, Dan S. Ciabattari's, first amended complaint and to enter a new order granting the demurrer.*fn1 This action arises out of the exercise of the power of sale in certain deeds of trust after plaintiff failed to repay loans obtained under the federal Farm Credit System. (12 U.S.C. § 2001 et seq.) Plaintiff alleges that defendants failed to comply with certain provisions of the Farm Credit Act of 1971 (Act), as amended by the Agricultural Credit Act of 1987, which would have precluded foreclosure. In overruling the demurrer the trial court reasoned that there may be a federal cause of action created by the Agricultural Credit Act of 1987, and that in any event the complaint stated a cause of action for negligence. In light of a subsequent decision of the federal Ninth Circuit Court of Appeals, it now appears that there is no express or implied private cause of action under federal law. We conclude that plaintiff cannot pursue a state cause of action for damages based upon alleged violations of the federal Act, and this is true regardless whether he attempts to frame his claim as a cause of action for negligence. Accordingly, we will issue a peremptory writ of mandate.