Olker

Filed 12/30/14 Olker v. Sterling Pacifc Lending CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

DONALD OLKER et al., H040491 (Santa Clara County Plaintiffs and Respondents, Super. Ct. No. CV162650)

v.

STERLING PACIFIC LENDING INC., et al.,

Defendants and Appellants.

Respondents, Donald F. Olker and Therese M. Olker, Trustees of the Olker Living Trust dated June, 11, 1986, sued appellants Sterling Pacific Lending, Inc., and The Foundation Fund, LLC. over whether a senior construction loan made by appellants had been repaid. Respondent’s complaint alleged three causes of action: (1) declaratory relief, (2) remove cloud on title, and (3) violation of Civil Code section 2941. At trial, the parties stipulated to bifurcation of the…