GATEWAY BANK, F.S.B. v. METAXAS

No. A158793.

65 Cal.App.5th 857 (2021)

GATEWAY BANK, F.S.B., Plaintiff and Respondent, v. POPPI METAXAS, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

June 25, 2021.


Attorney(s) appearing for the Case

Kirschenbaum Law, PC, Jeffrey B. Kirschenbaum , Raymond E. Loughrey , Kristin L. Williams Attorney for Plaintiff and Respondent, Gateway Bank, F.S.B..

Katz Appellate Law, Paul J. Katz , Attorney for Defendant and Appellant, Poppi Metaxas.


[Modification of opinion (65 Cal.App.5th 71; ___ Cal.Rptr.3d ___), upon denial of rehearing.]

THE COURT.—The opinion filed herein on June 3, 2021, is modified as follows:

1. On page 2, lines 5 and 6 [65 Cal.App.5th 75, advance report, 2d par., lines 10 and 11] are deleted and the following is substituted:

because Metaxas had no alternative but to approve the wire transfer and the wire transfer caused no damage. We reject...

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