Silvergate Financial v. Asbury CA4/1

Filed 10/21/14 Silvergate Financial v. Asbury 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SILVERGATE FINANCIAL, INC., D062677

Plaintiff, Cross-defendant and Appellant, (Super. Ct. No. 37-2009-00064006- v. CU-BC-EC)

JAMES A. ASBURY et al.,

Defendants, Cross-complainants and Respondents;

LOMA VERDE, INC.,

Cross-defendant and Appellant.

APPEALS from a judgment of the Superior Court of San Diego County, Eddie C.

Sturgeon, Judge. Reversed and remanded with directions.

Bryan C. Vess; Richard H. Benes for Plaintiff, Cross-defendants and Appellants. Thorsnes Bartolotta McGuire, Vincent J. Bartolotta, Jr., Karen R. Frostrom;

Niddrie Fish & Addams and Michael H. Fish for Defendants, Cross-complainants…