Wells Fargo Bank v. Bangerter
Filed 5/28/08 Wells Fargo Bank v. Bangerter 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, Plaintiff and Respondent, v. DEE R. BANGERTER, Defendant and Appellant. | G038411 (Super. Ct. No. 03CC02347) ORDER MODIFYING OPINION AND DENIAL OF PETITION FOR REHEARING; NO CHANGE IN JUDGMENT |
It is hereby ordered that the opinion filed herein on April 29, 2008, be modified in the following particulars:
1. On page 3, delete the second full paragraph that begins with Bangerter argues the lease . . . and replace with the following paragraph:
Bangerter argues the lease also had a fee clause that was broad enough to allow an award of fees on the declaratory relief claim against him, so he should get fees now for prevailing on the prior fee appeal. But we deem the argument waived. The lease fee clause is not in the record before us, nor was it designated for inclusion in the clerks transcript by Bangerter. (See Cal. Rules of Court, rule 8.122(a).)
This modification does not effect a change in judgment.
The petition for rehearing is DENIED.
BEDSWORTH, ACTING P. J.
WE CONCUR:
OLEARY, J.
IKOLA, J.
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