Opinion
No. F063318/F063922.
02-02-2013
BRENT HUTTON, Plaintiff and Appellant, v. FIDELITY NATIONAL TITLE COMPANY, Defendant and Respondent.
Modification of opinion (213 Cal.App.4th 234; ___ Cal.Rptr.3d ___), upon denial of rehearing.
THE COURT. — IT IS ORDERED that the published opinion filed herein on January 30, 2013, be modified as follows and the petition for rehearing is DENIED:
1. On page 3, in the second to last line of the first full paragraph on that page (within the quotation) [213 Cal.App.4th 239, advance report, 2d full par., line 6], change "a" to "at," so the phrase reads "at least 80 percent."
2. On page 5, the second sentence of the second full paragraph on that page [213 Cal.App.4th 241, advance report, 1st par., lines 4-7], should be modified to read as follows: "At the outset, it was projected that the mandated furloughs would result in a 14-perent reduction in the work time available to process appeals, reducing the number of cases CUIAB would be able to resolve by 8,620 cases per month."
3. On page 17, in the first line of the first sentence in the second full paragraph on that page [213 Cal.App.4th 250, advance report, last par., lines 2 and 4], the quotation mark preceding and the brackets around the "w" in "when" should be removed. Likewise, in the third line of the same sentence, the brackets around "DOL" should be removed.
4. On page 22, footnote 10, in the second line of the first sentence [213 Cal.App.4th 254, advance report, fn. 10, lines 2 and 3], delete the words "but many of the support services the program receives are from non-federally funded state agencies" and substitute "but not exclusively. (See Service Employees Internat. Union, Local 1000 v. Brown (2011) 197 Cal.App.4th 252 .)"
5. On page 26, the last sentence of the first full paragraph on that page [213 Cal.App.4th 257, advance report, 1st full par., lines 12-15], should be modified to read as follows: "Respondents' noncompliance appears to have resulted, at least in part, from inadequate funding and staffing, and the periodic furlough of EDD and CUIAB employees mandated by the Governor in the past, which had consequences that are still be felt."
6. On page 31 [213 Cal.App.4th 262, advance report, 1st par., line 3], add the following sentence as the final paragraph of the opinion: "The parties shall each bear their own costs.
The final modification (No. 6) changes the judgment.
Appellants' petition for rehearing is denied.