California Court of Appeal

Reset A A Font size: Print

Force Framing, Inc. v. Chinatrust Bank, E048688

In plaintiff's suit against defendant-lender for a bonded stop notice, trial court's grant of defendant's motion for summary judgment because plaintiff served the statutorily required 20-day preliminary notice on another lender, and not defendant, is reversed where: 1) the trial court erred when it granted summary judgment because there is a triable issue of fact regarding the reasonableness of plaintiff's belief that another lender was the lender for the project; 2) defendant's argument that plaintiff could not have held a good faith belief that the other lender was the actual lender because plaintiff did not check the county records for the deed of trust that the lender recorded in 2005 is rejected; and 3) the court is not persuaded that, as a matter of law, pursuant to Kodiak, plaintiff had constructive notice that defendant was the actual lender and could not have held a good faith belief that the other lender was the actual lender.

Appellate Information

  • Submitted 08/31/2010
  • Decided 08/31/2010
  • Published 08/31/2010

Judges

  • MILLER

Court

  • California Court of Appeal

Counsel

Copied to clipboard