Bank of E. Asia (U.S.A.) N.A. v. Javaherian

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

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

Date published: Feb 7, 2013

B242079 (Cal. Ct. App. Feb. 7, 2013)

Opinion

B242079

02-07-2013

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.

TURNER

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct.

No. BC459344)

ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:*

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. ________
* TURNER, P. J.
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MOSK, J.
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KRIEGLER, J.