Ruling by
Brian M. HoffstadtLower Court
Los Angeles County Superior CourtLower Court Judge
Maureen Duffy-LewisLender's breach action was timely as to missed monthly installment payments still within the limitations period and unpaid accelerated future payments because the borrower's duties under the agreement were divisible.
Court
California Courts of Appeal 2DCA/2Cite as
2023 DJDAR 9799Published
Sep. 25, 2023Filing Date
Sep. 21, 2023Opinion Type
ModificationDisposition Type
ReversedCase Fully Briefed
May 22, 2023Oral Argument
Aug. 17, 2023CERTIFIED FOR PARTIAL PUBLICATION*
PIEDMONT CAPITAL MANAGEMENT, LLC,
Plaintiff and Appellant,
v.
RAYMOND MCELFISH,
Defendant and Respondent.
No. B316372
(Los Angeles County Super. Ct. No. 20STCV14138)
California Court of Appeal
Second Appellate District
Division Two
Filed September 21, 2023
ORDER MODIFYING
OPINION
NO CHANGE IN THE
JUDGMENT
THE COURT:
It is ordered that the opinion filed herein on August 24, 2023, be modified as follows:
1. On page 15, in the last sentence of the second full paragraph, delete the word "availing" and replace it with "unavailing" so that the full sentence reads:
This, too, was error for the reasons explained above, and McElfish's argument to the contrary is unavailing.
There is no change in the judgment.
ASHMANN-GERST, Acting P. J. CHAVEZ, J. HOFFSTADT, J.
*Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication as to all parts except Part II of the Discussion.
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