La Jolla Cove Investors v. Wrobel
Filed 3/14/06 La Jolla Cove Investors v. Wrobel CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| LA JOLLA COVE INVESTORS, INC., Plaintiff and Respondent, v. ANDREW WROBEL et al., Defendants and Appellants. | D044880 (Super. Ct. Nos. GIC791742, GIC799004 & GIC799005) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on February 14, 2006, is modified as follows:
1. At page 9, the first sentence following section "B. Waiver" is deleted and the following sentence is inserted in its place:
Even if sections 1476 and 1543 could provide a defense to the action on the guaranty, Wrobel explicitly waived their benefits in the guaranty.
2. At the end of that same sentence on page 9, add as footnote 4 the following, which will require renumbering of the subsequent footnote:
4 It is unlikely that section 1473 and 1474 could be waived as they provide that obligations are extinguished by actual performance, and a waiver of these sections could result in a double recovery on the part of the creditor.
3. At page 10, the last sentence in the second full paragraph is deleted and the following sentence inserted in its place:
These broad waiver provisions would cover any possible defenses Wrobel could mount based upon sections 1476 or 1543.
There is no change in the judgment.
The petition for rehearing is denied.
NARES, Acting P. J.
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