Bank of East Asia (U.S.A.) N.A. v. Javaherians

Full title: THE BANK OF EAST ASIA (U.S.A.) N.A., Plaintiff, Cross-defendant and…

Court: California Court of Appeals, Second District, Fifth Division

Date published: Feb 7, 2013

No. B242079 (Cal. Ct. App. Feb. 7, 2013)

Opinion

THE BANK OF EAST ASIA (U.S.A.) N.A., Plaintiff, Cross-defendant and Appellant, v. FARIBA JAVAHERIAN et al., Defendants, Cross-complainants and Respondents. B242079 California Court of Appeals, Second District, Fifth Division February 7, 2013

NOT TO BE PUBLISHED

ORDER MODIFYING OPINION AND DENYING REHEARING

THE COURT: ^[*]

[*] TURNER, P. J. MOSK, J. KRIEGLER, J.

It is ordered that the opinion filed herein on January 18, 2013, and not certified for publication be modified as follows.

The last paragraph commencing at the bottom of page 7 and ending at the top of page 8 of the disposition is deleted and replaced with the following new paragraph.

The judgment and the order granting summary judgment on the cross-complaint are reversed. The trial court is directed to enter a new and different order denying Javaherian and Ierra’s motion for summary judgment. Appellant The Bank of East Asia (U.S.A.) N.A., is awarded its costs on appeal.

There is no change in the judgment. The petition for rehearing is denied.