Tah v. U.S. Bank CA1/3

Filed 4/9/13 Tah v. U.S. Bank CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

ELSI TAH, A135289

Plaintiff and Appellant, (Sonoma County v. Super. Ct. No. SVC-249909) U.S. BANK, N.A., as Trustee, etc., ORDER MODIFYING OPINION Defendant and Respondent. AND DENYING PETITION FOR REHEARING

NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed March 12, 2013, be modified as follows:

The following paragraph is added to page 5, immediately before the disposition:

We further conclude, under the particular circumstances of this case and as argued in the Bank’s appellate brief, that the trial court could reasonably treat the Bank’s reply memorandum in support of the demurrer, and the declaration in support of that reply, as a request for relief from default.

There is no change in the judgment. The petition for rehearing is denied.

Dated: _______________ __________________________________ P.J.

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Filed 3/12/13 Tah v. U.S. Bank CA1/3 (unmodified version) NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.