Javier v. Padilla

Full title: BELLA JAVIER et al., Plaintiffs and Respondents, v. CESAR N. PADILLA et…

Court: California Court of Appeals, Fourth District, First Division

Date published: May 12, 2011

No. D057684 (Cal. Ct. App. May. 12, 2011)

Opinion

BELLA JAVIER et al., Plaintiffs and Respondents, v. CESAR N. PADILLA et al, Defendants and Appellants. D057684 California Court of Appeal, Fourth District, First Division May 12, 2011

NOT TO BE PUBLISHED

Super. Ct. No. 37-2008-00075362- CU-FR-CTL

BENKE, Acting P. J.

THE COURT:

The opinion filed May 10, 2011, is modified as follows:

At third paragraph beginning with "We reverse" and ending with "for conspiracy." (slip opn. p. 2):

1. replace first sentence "We reverse with instructions to enter judgment in favor of the defendants." with "We reverse the judgment with instructions to conduct further proceedings."

2. delete the word "that" between "proof" and "it"; the phrase should read "without proof it caused"

3. after last sentence ending with "conspiracy." Add a sentence which reads: "On remand, plaintiffs may, if they wish to do so, attempt to correct this defect in their case."

There is no change in the judgment.