Gateway Bank v. Metaxas

65 Cal.App.5th 857

GATEWAY BANK, F.S.B., Plaintiff and Respondent,

v.POPPI METAXAS, Defendant and Appellant.

No. A158793.

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

June 25, 2021.

[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 both arguments and affirm.

2. On page 5, line 2 [65 Cal.App.5th 77, advance report, 3d par., lines 7 and 8] is deleted and the following is substituted:

Gateway was liable to Metaxas for attorney fees and costs.

3. On page 23, the first two lines of footnote 10 [65 Cal.App.5th 89, advance report, fn. 10, lines 1 and 2] are deleted and the following is substituted:

Metaxas's citation to comment f. omits the language that follows her quotation, which is:

These modifications do not effect a change in the judgment.

The ...