Ruling by
James A. RichmanLower Court
San Mateo County Superior CourtLower Court Judge
Robert A. BainesAny decision to mitigate damages under special benefit doctrine is to the extent that it equitable; thus, defendant's conduct dictated against exercise of equitable discretion in her favor.
Court
California Courts of Appeal 1DCA/2Cite as
2021 DJDAR 6521Published
Jun. 29, 2021Filing Date
Jun. 25, 2021Opinion Type
ModificationDisposition Type
AffirmedCase Fully Briefed
Jan. 13, 2021Oral Argument
May 27, 2021GATEWAY BANK, F.S.B.,
Plaintiff and Respondent,
v.
POPPI METAXAS,
Defendant and Appellant.
No. A158793
(San Mateo County Super. Ct. No. CIV 534510)
California Courts of Appeal
First Appellate District
Division Two
Filed June 25, 2021
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
[NO CHANGE IN JUDGMENT]
BY THE COURT:
The opinion filed herein on June 3, 2021, is modified as follows:
1. On page 2, lines 5 and 6 are deleted and the following is substituted:
because Metaxas had no alternative but to approve the wire transfer and the wire transfer caused no damage. We reject both arguments and affirm.
2. On page 5, line 2 is deleted and the following is substituted:
Gateway was liable to Metaxas for attorney fees and costs.2
3. On page 23, the first two lines of footnote 10 are deleted and the following is substituted:
Metaxas's citation to comment f. omits the language that follows her quotation, which is:
These modifications do not effect a change in the judgment.
The petition for rehearing is denied.
Richman, Acting P.J.
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