California Court of Appeal

In a contract claim based on a bank's alleged dispersal of loan proceeds contrary to an investment corporation's instructions in an escrow transaction, summary judgment was improper where a triable issue existed as to whether a telefaxed "preclosing estimated closing statement" was sent and received.

Appellate Information

• Decided 05/22/2002
• Published 05/22/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Miller, Starr & Regalia, Scott A. Sommer, Walnut Creek, Saxon, Barry, Gardner & Kincannon, Jeffrey B. Gardner, Newport Beach, and Laura J. Petrie for Plaintiff and Appellant.


• For Appellees:
  
• Kester & Quinlan, Steven L. Kester, Francis E. Quinlan, Corona Del Mar, Dorsey & Whitney and Patrick J. McLaughlin for Defendant and Respondent.