Opinion
B153506.
7-29-2003
CITY OF HAWTHORNE ex rel. HOWARD F. WOHLNER, Plaintiff and Appellant, v. H&C DISPOSAL COMPANY, Defendant and Appellant.
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING.
[NO CHANGE IN JUDGMENT].
THE COURT:
It is ordered that the opinion filed herein on June 30, 2003, be modified as follows:
1. On page 3, in the first paragraph under the subheading The first Jamgotchian action, on the second to last line of the paragraph, after the period, add the following sentence:
Further, under H&Cs contract with the City, such dumping fee overcharges were not to be billed to the City and were covered by the cost of living increases H&C received under the contract.
2. On page 4, in the first full paragraph under the subheading The second Jamgotchian action, after the quotation "H&C REFUSE CONTRACT . . . ." add the following sentence:
These claims were false in that H&Cs contract with the City provided for annual cost of living adjustments, but did not provide for any adjustment for escalation or loss on disposal dump fees.
3. On page 7, the first full paragraph, replace the second sentence with the following sentence:
As set forth above, his fourth amended complaint herein was based on false claims arising from a failure in 1980 to credit the $10.25 per ton surcharge with prior annual CPI adjustments, as well as H&Cs using the $10.25 per ton increase in 1980 as the basis for annual CPI increases in subsequent years.
4. On page 17, the second full paragraph, after the words "manipulated CPI increases" add the following so the sentence reads:
In other words, the gravamen of the instant action is that H&C improperly manipulated CPI increases with respect to the 1980 dumpsite increase, by seeking a $10.25 per ton increase instead of a $9.27 per ton increase in the first instance in 1980, and thereafter, by obtaining CPI increases on what should have been a one-time extraordinary increase.
5. On page 17, at the end of the fourth full paragraph, add the following sentence to the paragraph:
Further, under H&Cs contract with the City, these overcharges were not to be billed to the City and were covered by the CPI increases H&C received under the contract.
6. On page 17, the fifth full paragraph, after the quotation "authorized by the H&C REFUSE CONTRACT . . . ." add the following sentence:
These claims were false in that H&Cs contract with the City provided for annual CPI adjustments, but not for any adjustments for escalation or loss on disposal dump fees.
[There is no change in the judgment.]
Defendant and Appellant, H&C Disposal Companys Petition for Rehearing is denied.