German American Capital Corp. v. 1495 Pacific Highway CA4/1

Filed 6/24/14 German American Capital Corp. v 1495 Pacific Highway CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

GERMAN AMERICAN CAPITAL D063446

CORPORATION,

Plaintiff and Appellant, (Super. Ct. No. 37-2011-00098491- v. CU-OR-CTL)

1495 PACIFIC HIGHWAY, LLC et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of San Diego County, Timothy B.

Taylor, Judge. Reversed.

Greenwald Pauly Foster & Miller and Andrew J. Haley for Plaintiff and Appellant.

English & Gloven and Donald A. English for Defendants and Respondents.

The predecessors in interest of plaintiff German American Capital Corporation

(German American) made two loans to defendant 1495 Pacific Highway,…