Cimarusti v. Transcontinental Ins. Co.

Full title: ROCCO CIMARUSTI et al., Plaintiffs and Appellants, v. TRANSCONTINENTAL…

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

Date published: Jan 31, 2008

No. B194649 (Cal. Ct. App. Jan. 31, 2008)

Opinion

ROCCO CIMARUSTI et al., Plaintiffs and Appellants, v. TRANSCONTINENTAL INSURANCE COMPANY, Defendant and Respondent. B194649 California Court of Appeal, Second District, First Division January 31, 2008

NOT TO BE PUBLISHED

Super. Ct. No. BC 332916

ORDER MODIFYING OPINION AND DENYING REHEARING (Jane L. Johnson, Judge)

VOGEL, Acting P. J.

THE COURT:

IT IS ORDERED that the opinion filed herein on January 3, 2008, be modified in the following particulars:

On page 5 of the typed opinion, delete the last sentence found at the end of the third full paragraph under DISCUSSION, i.e., “Moreover, Cimarusti’s deposition testimony shows that at the time of the accident he was unaware that he was an officer or director of Rocky’s.”

This modification does not constitute a change in the judgment.

Appellants’ petition for rehearing is denied.

ROTHSCHILD, J. JACKSON, J.^*

* (Judge of the L. A. S.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)