Opinion
No. B304655 No. B310650.
11-12-2021
WERTHEIM, LLC, Plaintiff and Respondent, v. CURRENCY CORPORATION, Defendant and Appellant.WERTHEIM, LLC, Plaintiff and Appellant, v. CURRENCY CORPORATION, Defendant and Appellant.WERTHEIM, LLC, Plaintiff and Appellant, v. CURRENCY CORPORATION, Defendant and Respondent.
[Modification of opinion (70 Cal. App. 5th 327), upon denial of rehearing.]
THE COURT.—IT IS ORDERED that the opinion filed herein on October 14, 2021, be modified as follows:
At the end of page 12 extending to page 13 [70 Cal.App.5th 337, advance report, last full par., lines 5-6], the last sentence is modified to read: "However, Wertheim also modified that form by interlineation, specifying that the acknowledgement applied only to a postjudgment interest payment made by Currency."
On page 16, the last sentence of the first paragraph [70 Cal.App.5th 339, advance report, last par., lines 7-9] is modified to read: "Equity does not support an award of Wertheim's appellate attorney's fees."
On page 16, the first sentence of the third paragraph [70 Cal.App.5th 340, advance report, second par., lines 1-4] is modified to read: "After the case was submitted, we requested supplemental briefing on whether in evaluating Wertheim's attorney fee requests we may consider equitable principles, given the disproportion of the fees requested and the original $190,718 judgment."
These modifications effect no change in the judgment. Appellants' petitions for rehearing are denied.