Feresi

Filed 1/8/15 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

RENEE FERESI, 2d Civil No. B248607 (Super. Ct. No. 56-200900362200- Plaintiff and Respondent, CU-CO-VTA)

v. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] THE LIVERY, LLC et al.,

Defendants and Appellants.

THE COURT:

It is ordered that the opinion filed herein on December 15, 2014, be modified as follows: 1. On page 1, the first paragraph is deleted and the following paragraph is inserted in its place: The Commercial Code1 provides that "a financing statement must be filed to perfect all security interests . . . ." (§ 9310, subd. (a).) It further provides, "A perfected security interest . . . has priority over a conflicting unperfected security interest . . . ." (§ 9322, subd. (a)(2).) This order of priority is not immutable and in some circumstances must yield to principles of equity. Here two parties hold security interests in the same entity. One party perfected his security…