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MONEY STORE v. SOUTHERN CAL. BANK

No. G028243.

120 Cal.Rptr.2d 58 (2002)

98 Cal.App.4th 722

The MONEY STORE INVESTMENT CORPORATION, Plaintiff and Appellant, v. SOUTHERN CALIFORNIA BANK, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

As Modified May 29, 2002.

Attorney(s) appearing for the Case

Miller, Starr & Regalia, Scott A. Sommer, Walnut Creek, Saxon, Barry, Gardner & Kincannon, Jeffrey B. Gardner, Newport Beach, and Laura J. Petrie for Plaintiff and Appellant.

Kester & Quinlan, Steven L. Kester, Francis E. Quinlan, Corona Del Mar, Dorsey & Whitney and Patrick J. McLaughlin for Defendant and Respondent.

OPINION

O'LEARY, J.

The Money Store Investment Corporation (the Money Store) appeals the judgment entered after the trial court granted summary judgment in favor of Southern California Bank (the Bank), contending there was a triable issue of fact concerning the Bank's disbursal of loan proceeds contrary to the Money Store's instructions in an escrow transaction. We reverse with directions.

Robert McKinley...

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