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CALIFORNIA NAT. BANK v. HAVIS

No. B167152.

16 Cal.Rptr.3d 245 (2004)

120 Cal.App.4th 1122

CALIFORNIA NATIONAL BANK, Plaintiff, Cross-defendant and Appellant, v. Steven E. HAVIS et al., Defendants, Cross-complainants and Appellants.

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

July 23, 2004.

Attorney(s) appearing for the Case

Greenwald, Pauly, Foster & Miller, Joshua D. Wayser and Jeffrey J. Lewis, Santa Monica, for Plaintiff Cross-defendant and Appellant.

Cunningham & Treadwell, Francis J. Cunningham III and Ryan L. Arnett, Woodland Hills, for Defendants Cross-complainants and Appellants.

CROSKEY, J.

Before escrow closed on the sale of a developed parcel of real property, California National Bank (Bank) sent a letter to the escrow agent handling the sale stating that it had received "payoff funds" for the secured promissory note that it then held. The trial court interpreted that letter as a payoff demand statement under Civil Code section 2943,1 concluded that Bank had made a binding acknowledgement that its outstanding...

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