HICA Education Loan v. Kosmides
Filed 11/10/08 HICA Education Loan v. Kosmides CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION THREE
HICA EDUCATION LOAN CORPORATION, Plaintiff and Respondent, v. GEORGE K. KOSMIDES, Defendant and Appellant. | B202361 (Los Angeles County Super. Ct. No. LC076200) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on October 9, 2008, be modified as follows:
1. On page 8, replace footnote 4 with the following new footnote:
On appeal, Kosmides also contends he was entitled to discretionary relief under section 473. This argument was asserted in Kosmidess earlier motion for relief under section 473 but was not raised in the renewed motion for section 473 relief. In any event, given the inconsistency between the moving declarations as to why Kosmides did not answer the complaint timely, the trial court acted within its discretion in denying discretionary relief under the statute.
Appellants petition for hearing is denied.
[There is no change in the judgment.]
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