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NORTHERN CALIFORNIA RECORD

Thursday, April 18, 2024

Bank of the West seeks more than $13 million for breach of contract

Law money 10

FRESNO — A California banking corporation is suing customers,alleging they owe more than $13 million for breach of contract.

Bank of the West filed a complaint Oct. 27, in the Fresno County Superior Court against Island Star Distribution Centers Inc., Lisa Sumpter formerly known as Lisa Kelton, Radini Kelton, as representative of the estate of Michael Kelton, deceased; and Does 1 through 10, the defendants breached their obligations under the guarantees, by,  failing to pay balance due under a real estate loan.

According to the complaint, on Aug. 1, 2011, the bank agreed to make a loan to the defendants in the principal sum of $12.13 million and later increased to $13.33 million as a real estate loan. Bank of the West says it has performed all of its obligation under loan and the guarantees but failed to receive payment as of Oct. 2, with an unpaid balance of $12,855.047.37 with 10 percent interest per annum. 

The plaintiff alleges the defendants have failed and refused, and continues to fail and refuse to pay the foregoing sums or any part of the real estate loan.

Bank of the West seeks trial by jury, joint and several damages except Radini in the sum of $12,855,047.37, damages against Radini in the sum of $941,771, prejudgment interest, attorney fees, court costs and all further relief the court deems just and proper. It is represented by attorney Kurt F. Vote of Wanger Jones Helsley, PC in Fresno.

Fresno County Superior Court case number 17CECG03709

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