Arntz also offered to indemnify the bank should its posting of the securities in the interpleader action result in loss of value. Superior Court of Fresno County, No. As has been noted, that ruling was reversed on appeal. On August 11, 2005, the court granted appellant's motion for judgment on the pleadings as to the second cause of action in respondents' cross-complaint. Also when making payments in billpay, sometimes you do not have a choice to post the next day. We therefore apply the rules of statutory interpretation, which are, to determine the intent of the Legislature if possible by the plain meaning of the statutory language and if necessary by reference to the overall statutory scheme, public policy, or legislative history.
The trial court granted the Bank a summary judgment denying the Trust the relief sought in its action. Any disbursement of the escrowed securities to Arntz requires written authorization from the City. Ross, doing business as Pacific Control Company, executed a commercial security agreement in Valliwide's favor, pledging the products, equipment, supplies, accounts receivables, and other collateral from Pacific Control Company. Owners and contractors generally structure their contracts to provide for installment payments to the contractor as the work progresses, typically as the work reaches specified stages of completion. Talbot Partners 1999 —56, , fns. Public Contract Code, § 22300.
Based on all the facts of record, consummation of the proposal would not have any significantly adverse effects on competition or concentration of banking resources in any relevant banking market. The City demurred to the Bank's complaint. As noted, Firebaugh is currently served by one insured depository institution located in the community, and another insured depository institution has filed with the Superintendent its intent to establish a branch in that community. Longer delays may apply based on the type of items deposited, account history or if you have recently opened your account with us. One commenter maintains that the proposal would reduce the number of competitors and thereby substantially lessen competition in the areas where the branches proposed to be closed are located. As explained more fully in the Westamerica Order, Westamerica has implemented several programs that help serve the banking needs of the community, including low- and moderate-income neighborhoods. They have always gone out of their way to help us save money and explain statement charges that are hard to understand.
The right to the remedy of interpleader is founded on the consideration that a person is threatened not just with double liability, but with double vexation in respect to one liability. Please be aware: The website you are about to enter is not operated by Bank of the West. However, our interpretation of section 998, subdivision b is consistent with the legislative intent of the statute to encourage settlement of litigation without trial Elite Show Services, supra, 119 Cal. Gallery: Details: Title Updated Size Developer Westamerica Bank 1539046924000 16M Westamerica Bancorporation Latest Version Rating Downloads Requires 5. Department of Public Works v. Accordingly, if the branches are not sold to another depository institution, the residents of Dos Palos could still have reasonable access to an insured depository institution in Firebaugh.
The mobile app is available to all registered StarConnect Plus online banking customers. Procedure, supra, § 180; Busick v. The Code provides for an appeal from a final judgment, not from the final judgment in an action. . The mobile app is available to all registered StarConnect Plus online banking customers. The Trust renews the contentions it tendered in the trial court on appeal from the summary judgment. The Bank also suggests obliquely that its count for enforcement of the alleged implied obligation to sell off apartment units as condominiums is such a collateral matter.
The Legislature has spelled out a brief and specific list of rights and duties which are both circumscribed and mutually exclusive. The trial court herein found appellant did not receive a more favorable recovery than the offer to compromise, because respondents' January 21, 2005 offer to compromise included recovery of appellant's attorney fees and costs, upon the determination of the court, whereas the stipulated judgment provided for the court to determine the prevailing party for purposes of attorney fees and costs. Regents of University of California, supra, 67 Cal. The second is that the Trust's attorneys' fees for litigating the merits of the claim of breach would be the same regardless of the relief sought, damages or foreclosure. Real Estate, supra, § 9:105, p. Indeed, the contents of an incorporated document in this case, the agreement will take precedence over and supersede any inconsistent or contrary allegations set out in the pleading.
Accordingly, the request for a public meeting or hearing on these applications is hereby denied. The Board has carefully considered the proposed closing of each of these branches in light of these and all the other facts of record including concerns that residents will, in some cases, have to travel a greater distance for banking services if certain ValliWide Bank branches are closed. Code of Civil Procedure section 940. Download our apps on your mobile device from the following stores and use your StarConnect Plus login and password to enjoy the convenience of banking from your mobile device. Exchange Bank 2000 84 Cal. These features are not available on iPad®.
The availability of bank services and offices after a merger must be reviewed in the context of the effect of the merger on the convenience and needs of communities served by the institution and is one of several factors the Board must consider in assessing the effect of the acquisition on the convenience and needs of the communities to be served. Indeed, when the surety, pursuant to a bond, undertakes to complete the project itself or expends funds to enable another contractor to do so, the surety is entitled to reimbursement from the retainage. Thereafter, in January 1997, the Bank dismissed the remaining count for damages for breach of the obligation of good faith and fair dealing. In the case of such a conflict, we will look solely to the attached exhibit. We, accordingly, conclude that the equitable remedy of interpleader is not available on the facts alleged when taken together with the terms of the escrow agreement. But even assuming the hold harmless clause does not protect the Bank from being sued by Arntz see, e. Under its rules, the Board may, in its discretion, hold a public hearing or meeting on an application to clarify factual issues related to the application and to provide an opportunity for testimony, if appropriate.