Ruling by
Lamar W. BakerLower Court
Los Angeles County Superior CourtLower Court Judge
Stephanie M. BowickSection 14 in deed of trust permits the lender to add attorney fees incurred to the outstanding amount owed; it does not authorize a separate fee award.
Court
California Courts of Appeal 2DCA/5Cite as
2018 DJDAR 10212Published
Oct. 18, 2018Filing Date
Oct. 17, 2018Opinion Type
ModificationDisposition Type
Affirmed (in part)MELODY CHACKER,
Plaintiff and Appellant,
v.
JPMORGAN CHASE BANK, N.A. et al.,
Defendants and Respondents.
No. B281874
(Los Angeles County
Super. Ct. No. BC547853)
California Courts of Appeal
Second Appellate District
Division Five
Filed Oct. 17, 2018
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed on September 19, 2018, be modified as follows: On page 15, in the second sentence of the second full paragraph, the following new footnote number 6 is added immediately after the comma:
Hart v. Clear Recon Corp. (2018) 27 Cal.App.5th 322 (Hart) analyzed a provision identical to section 9 and construed it essentially as we have; the Hart case did not analyze the import of a provision identical to section 14 in the trust deed here because it concluded the plaintiffs in that case were not "borrowers" and thus the provision could not be invoked by the successor to the lender. (Id. at p. 327, fn. 4.)
The addition of new footnote 6 will require renumbering of all subsequent footnotes.
Appellant's petition for rehearing is denied. There is no change in judgment.
BAKER, Acting P. J.
MOOR, J.
KIM, J.
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