Bahl v. Bank of America (2001)

[Modification fn. * of Opinion (89 Cal. App. 4th 389; 107 Cal.Rptr.2d 270) on denial of petition for rehearing.]

ASHA BAHL, Plaintiff and Appellant, v. BANK OF AMERICA, Defendant and Respondent.

MOORE, J.-

The opinion filed in this case on May 23, 2001, is hereby ORDERED modified as follows:

1. On pages 12 and 13 [89 Cal. App. 4th 400, advance report], under the topic heading "E. Defendant's Further Contentions": (a) retain the first full paragraph, ending with the words, "gathered after completing discovery"; and (b) delete all subsequent language, beginning with the words, "Defendant also argues . . ." and ending with the words, "breach of contract theory."

2. On page 12, in place of the deleted language, insert the following new language: "Defendant also argues at length the court properly granted its summary judgment motion on the merits. This we need not decide. The trial court may appropriately address the merits at the hearing on the summary judgment motion."

This modification does not effect a change in the judgment. The petition for rehearing is denied.

Bedsworth, Acting P.J., and O'Leary, J., concurred.

FN *. This modification requires movement of text affecting pages 391-400 of the bound volume report.