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AMERICAN EXPRESS BANK, FSB v. KAYATTA

No. B223686.

190 Cal.App.4th 563 (2010)

118 Cal. Rptr. 3d 462

AMERICAN EXPRESS BANK, FSB, Plaintiff and Respondent, v. DAVID F. KAYATTA, Defendant and Appellant.

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

November 24, 2010.

Attorney(s) appearing for the Case

The Dolan Law Firm and Peter Brown Dolan for Defendant and Appellant.

Law Offices of Peter A. Jaffe and Douglas Jaffe for Plaintiff and Respondent.

OPINION

MANELLA, J.—

INTRODUCTION

David F. Kayatta appeals from judgment in the amount of $265,025.80 following an order granting summary judgment to respondent American Express Bank, FSB (American Express). He contends that the superior court erred in granting summary judgment because American Express had a duty to advise him that "it had filed suit against, or obtained a judgment against, [a third party], in the Los Angeles...

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