Burns v. Neman Marcus Group, Inc.

Full title: BRIAN P. BURNS, Plaintiff and Appellant, v. THE NEIMAN MARCUS GROUP, INC.…

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

Date published: May 20, 2009

No. A120378 (Cal. Ct. App. May. 20, 2009)

Opinion

Page 1200a

173 Cal.App.4th 1200a __ Cal.Rptr.3d__ BRIAN P. BURNS, Plaintiff and Appellant, v. THE NEIMAN MARCUS GROUP, INC., Defendant and Respondent. A120378 California Court of Appeal, First District, Third Division May 20, 2009

San Francisco County Super. Ct. No. 457841

THE COURT:

On the court’s own motion, the opinion filed on April 28, 2009 (173 Cal.App.4th 479; ___Cal.Rptr.3d___ ), is modified as follows:

(1) On page 13 of the majority opinion, after line 10 and before section B. [173 Cal.App.4th 492, advance report, after 1st full par], add the following paragraph:

In light of our determination that a negligence cause of action does not lie, we do not reach Neiman Marcus’s alternative argument that a negligence cause of action is preempted by the California Uniform Commercial Code.

(2) On page 1 of the dissenting opinion [173 Cal.App.4th 495, advance report, last par., line 3], delete from the second sentence the words "or 3405, subdivision (b)".

There is no change in the judgment.