Banc of Cal., NA v. Superior Court

Filed 9/27/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

BANC OF CALIFORNIA, B310190

NATIONAL ASSOCIATION,

(Los Angeles County Petitioner, Super. Ct. No. 19SMCV01580)

v.

THE SUPERIOR COURT OF

LOS ANGELES COUNTY,

Respondent;

N977CB HOLDINGS, LLC et al.,

Real Parties in Interest.

ORIGINAL PROCEEDINGS in mandate. H. Jay Ford III Judge. Petition granted. Grignon Law Firm LLP, Margaret M. Grignon, Anne M. Grignon; Kibler Fowler & Cave LLP, Michael Kibler, Matthew J. Cave, Adam C. Pullano for Petitioner. No appearance for Respondent. Skylar Kirsh, LLP, Justin M. Goldstein, Louise D. Nutt for Real Parties in Interest.

__________________________

Banc of California, National Association (Banc) loaned N977CB Holdings, LLC (Holdings) $3.5 million to facilitate Holdings’s purchase of a commercial aircraft (aircraft). The parties executed seven documents in connection with the loan (loan documents) and an eighth agreement, executed seven weeks later, concerning Banc’s charter of Holdings’s aircraft through a charter company, Jet Edge (aircraft usage agreement). 1 After…