Sheller v. Farmers New World Life Ins., Co.

Full title: DAVID L. SHELLER, Plaintiff and Appellant, v. FARMERS NEW WORLD LIFE…

Court: California Court of Appeals, Second District, Third Division

Date published: Feb 6, 2008

No. B190479 (Cal. Ct. App. Feb. 6, 2008)

Opinion

DAVID L. SHELLER, Plaintiff and Appellant, v. FARMERS NEW WORLD LIFE INSURANCE COMPANY et al., Defendants and Respondents. DAVID L. SHELLER, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent FARMERS NEW WORLD LIFE INSURANCE COMPANY et al., Defendants/Real Party in Interest. B190479 California Court of Appeal, Second District, Third Division February 6, 2008

Los Angeles County Super. Ct. No. BC305603

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

It is ordered that the opinion filed herein on January 17, 2008 is modified as follows:

1. On page 12, the sentence beginning at line 8 is deleted and replaced with the following:

The court then questioned whether it was ethical for an attorney to agree to indemnify his client for costs that might be imposed against the client; the ethics experts for both parties were in attendance and had opposing views on the issue.

2. On page 12, a new footnote (number 15) is to be added at the end of the sentence referenced above. The text of the footnote is as follows:

Subsequent to the hearing in this matter, the Professional Responsibility and Ethics Committee of the Los Angeles County Bar Association issued a formal advisory opinion that it is permissible for an attorney to agree to indemnify a client for court ordered costs in the event the client is not the prevailing party. (L.A. County Bar Association Professional Responsibility and Ethics Committee Formal Opinion 517 (Apr. 2006).)

All remaining footnotes are to be renumbered accordingly.

There is no change in the judgment.

Sheller’s petition for rehearing is denied in all other respects.