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Modification: Filtzer v. Ernest

Lower Court

Los Angeles County Superior Court
The parties' Forbearance Agreement was intended to be a full satisfaction of debts owed under their settlement agreement since interpreting the documents otherwise would lead to absurd results.



Court

California Courts of Appeal 2DCA/8

Cite as

2022 DJDAR 5649

Published

Jun. 6, 2022

Filing Date

Jun. 3, 2022

Opinion Type

Modification

Disposition Type

Affirmed

Case Fully Briefed

Aug. 24, 2021

Oral Argument

Dec. 16, 2021


BERT FILTZER,

Plaintiff and Appellant,

v.

MARIO E. ERNST et al.,

Defendants and Respondents.

 

No. B308484

(Los Angeles County

Super. Ct. No. BC592433)

California Courts of Appeal

Second Appellate District

Division Eight

Filed June 3, 2022

 

ORDER MODIFYING OPINION

 

[No change in the judgment]

 

IT IS ORDERED that the opinion filed in the above-captioned matter on June 3, 2022, be modified as follows:

On page 6, line 12 of the paragraph that begins with "The Settlement Agreement", the sentence is deleted and replaced with:

"Therefore, when the parties executed the Forbearance Agreement on February 19, 2019, all debt was already past due."

This modification effects no change in the judgment.

 

STRATTON, P. J. GRIMES, J. HARUTUNIAN, J.*

 

 

* Judge of the San Diego Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

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