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  5. 33 Cal.Rptr.3d 694 (2005)
 

DELL MERK, INC. v. FRANZIA

Nos. C046171, C043539.

33 Cal.Rptr.3d 694 (2005)

132 Cal.App.4th 443

DELL MERK, INC., Plaintiff, v. Donald C. FRANZIA, as Trustee etc., Defendant and Respondent; Pacific State Bank, Intervener and Appellant. Dell Merk, Inc., Plaintiff, v. Donald C. Franzia, as Trustee etc., Defendant and Respondent; Pacific State Bank, Intervener and Appellant.

Court of Appeals of California, Third District.

August 31, 2005.

Attorney(s) appearing for the Case

No appearance for Plaintiff.

Law Office of Downey Brand, Kevin M. Seibert, Frank R. Perrott, and Cassandra M. Ferrannini, Sacramento, for Defendant and Respondent.

Freeman, D'Aiuto, Pierce, Gurev, Keeling & Wolf, Arnold J. Wolf, Stockton, and Coren D. Wong, Sacramento, for Intervener and Appellant.

Certified for Partial Publication.*

CANTIL-SAKAUYE, J.

Pacific State Bank (Bank) intervened in an action between Dell Merk, Inc., a corporation to which it had provided commercial financing, and the Donald C. Franzia 1992 Revocable Trust, Donald C. Franzia, trustee (Franzia). The underlying litigation between Dell Merk and Franzia involved a construction contract dispute. As a secured party, Bank sought payment from Franzia of...

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