Opinion
A126326 A126786
12-13-2011
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Alameda County
Super. Ct. Nos. RG05198014,
RG05220096)
ORDER VACATING PRIOR ORDER;
ORDER MODIFYING OPINION AND
DENYING REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT:
On the court's own motion, the order denying rehearing filed on December 8, 2011, is hereby vacated.
It is ordered that the opinion filed herein on November 15, 2011, be modified as follows:
On page 29, under "DISPOSITION," the words "without prejudice to any postjudgment and appellate rights possessed by Pacific Bell" are to be inserted after the word "affirmed" in the third sentence so the full paragraph reads:
The order granting judgment for Pacific Bell notwithstanding the verdict is reversed. The matter is remanded to the trial court with directions to reinstate the jury's verdict and enter judgment accordingly. The judgment, as reinstated, is otherwise affirmed without prejudice to any postjudgment and appellate rights possessed by Pacific Bell. The parties are to bear their own costs on appeal.
There is no change in the judgment.
Respondent's petition for rehearing is denied.
_________________________
RUVOLO, P. J.