Becker v. Kajikuri

Full title: DONALD BECKER, Plaintiff and Appellant, v. HISASHI KAJIKURI, Defendant and…

Court: California Court of Appeals, Sixth District

Date published: Apr 8, 2008

No. H031531 (Cal. Ct. App. Apr. 8, 2008)

Opinion

DONALD BECKER, Plaintiff and Appellant, v. HISASHI KAJIKURI, Defendant and Respondent. H031531 California Court of Appeal, Sixth District April 8, 2008

NOT TO BE PUBLISHED

Monterey County Super. Ct. No. M53675

ORDER MODIFYING OPINION, DENYING REHEARING AND DENYING REQUEST FOR PUBLICATION NO CHANGE IN THE JUDGMENT

McAdams, J.

It is ordered that the opinion filed herein on March 18, 2008, be modified as follows:

1. On page 9, the first paragraph, beginning with the phrase “Becker maintains the order awarding sanctions to Kajikuri must be reversed…” is deleted and the following paragraph is inserted in its place:

Becker maintains the order awarding sanctions to Kajikuri must be reversed because the court failed to render a statement of decision on the motion for sanctions, despite Becker’s timely request for one in his motion to tax costs.

2. On page 9, the sixth sentence of the second paragraph beginning with the phrase “Becker has not cited any cases or statutes creating an exception…” is deleted and the following sentence is inserted in its place:

Becker has not cited any cases or statutes creating an exception for an order on a motion to tax costs or an order on a motion for sanctions under section 128.7 and we see no compelling reason to create an exception to the traditional rule in such cases.

There is no change in the judgment.

Becker’s petition for rehearing and the request for publication are denied.

Bamattre-Manoukian, Acting P.J., Duffy, J.