Pacific Trust Escrow v. Ryazanskiy
Filed 9/21/07 Pacific Trust Escrow v. Ryazanskiy CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
PACIFIC TRUST ESCROW, INC., Plaintiff and Respondent, v. VLADIMIR RYAZANSKIY, Defendant and Appellant. | G037816 (Super. Ct. No. 06CC02773 Related to 04CC09329) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT |
It is ordered that the opinion filed herein on August 30, 2007 be modified in the following particular:
1. On page 1 delete the Superior Court No. 04CC09329 and replace it with the following:
(Super. Ct. No. 06CC02773 Related to 04CC09329)
2. At page 4 of the opinion, third full paragraph, delete the entire last sentence beginning with Moreover, given defendants recovery of the remaining funds and ending with is purely an academic question that we will not resolve. (Wells Fargo Bank, N.A. v. Zinnel (2004) 125 Cal.App.4th 393, 400.)
These modifications do not change the judgment.
The Petition for Rehearing is DENIED. Petitioners statement that appealability had not been briefed is incorrect. Petitioner raised the issue at pages 5-6 in his opening brief.
The Answer to appellants petition for rehearing submitted by Respondent is untimely and ordered not to be filed. The clerk of this court is order to return the Answer forthwith.
RYLAARSDAM, ACTING P. J.
WE CONCUR:
FYBEL, J.
IKOLA, J.
Publication Courtesy of San Diego County Legal Resource Directory.
Analysis and review provided by San Diego County Property line attorney.
