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MALICK v. AMERICAN SAV. & LOAN ASSN.

Docket No. 25369.

273 Cal.App.2d 171 (1969)

79 Cal. Rptr. 499

DELL MALICK, Plaintiff, Cross-defendant and Respondent, v. AMERICAN SAVINGS AND LOAN ASSOCIATION OF CALIFORNA et al., Defendants, Cross-complainants and Appellants; JACK H. BENNETT, Cross-defendant and Respondent.

Court of Appeals of California, First District, Division Two.

May 21, 1969.

Attorney(s) appearing for the Case

Julius H. Selinger and John F. Mallen for Defendants, Cross-complainants and Appellants.

McCray & McCray and W. Mike McCray for Plaintiff, Cross-defendant and Respondent. Jerrold I. Rudelson for Cross-defendant and Respondent.

TAYLOR, J.

All defendants appeal from a minute order dismissing their cross-complaint and quashing and dismissing the service of summons issued thereon. [1] Appellants contend that the trial court abused its discretion as the main action was still pending. We cannot agree.

The record reveals the following pertinent facts: On November 7, 1966, plaintiff and respondent, Dell Malick, filed in Marin...

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