Cornwell v. Bank of America National Trust and Savings Ass'n

Opinion

HOLLENHORST, Acting P. J.

This appeal arises from plaintiff David W. Cornwell’s assertion that he paid a mortgage payment by mailing a check to defendant Bank of America. The check was apparently lost in the mail and never cashed. Plaintiff contends that the trial court erred in refusing to grant his motion for summary judgment. Instead, the trial court granted defendant’s motion for summary judgment and awarded it attorneys’ fees and costs.

Facts and Issue

The facts in this case are essentially undisputed, and both parties moved for summary judgment.

According to the complaint for…