Opinion
No. B258732.
05-03-2017
GARY BATZE et al., Plaintiffs and Appellants, v. SAFEWAY, INC., et al., Defendants and Respondents.
[Modification of opinion (10 Cal.App.5th 927; ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT. — IT IS ORDERED that the opinion filed April 12, 2017, be modified as follows: (1) On page 14, footnote 9 [10 Cal.App.5th 935, advance report, in nonpub part], replace the sentence "We note that the plain language of the stock option agreements calls into question the existence of any right to challenge the valuation." with the following:
"We note that the plain language of the stock option agreements provided only a limited basis to challenge Applied's valuation: the agreements specified the Compensation Committee's good faith determination `shall be conclusive and binding.'"
(2) On page 20 [10 Cal.App.5th 938, advance report, 2d full par., lines 15-17], the following sentence is deleted: "Moreover, it is not clear whether Thomas possessed the stock certificates; that is not a subject addressed in the parties' statements of undisputed facts."
There is no change in the judgment.
Respondents' petition for rehearing is denied.