Wells Fargo Bank, N.A. v. Weiner CA3
The dispositive issue on appeal is whether there is substantial evidence to support the trial court’s factual finding that plaintiff Wells Fargo Bank, N.A. (Wells Fargo) did not receive a letter revoking defendants Mark and Nancy Weiner’s personal guaranty of their business line of credit prepared and mailed by their assistant. The record contains sufficient and credible evidence to support the trial court’s finding that Wells Fargo rebutted the presumption of receipt of the letter created by Evidence Code section 641. Defendants’ motion to vacate the judgment pursuant to Code of Civil Procedure section 663, based on the same grounds they lost on at trial, is not appealable and, since we affirm the judgment, the attorney fee award will remain intact.
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