Bank of East Asia> v.
Javaherian

























Filed 2/7/13 Bank of East Asia v. Javaherian CA2/5













NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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.











IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE
DISTRICT



DIVISION FIVE






>

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 (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 href="http://www.mcmillanlaw.com/">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. MOSK, J.
KRIEGLER, J.