Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America

Full title: Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America,

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

Date published: Jun 6, 2005

No. B158840 (Cal. Ct. App. Jun. 6, 2005)

Opinion

CONSUMER ADVOCACY GROUP, INC. et al., Plaintiffs and Appellants, v. KINTETSU ENTERPRISES OF AMERICA et al., Defendants and Respondents. B158840 California Court of Appeal, Second District, Eighth Division June 6, 2005

CERTIFIED FOR PARTIAL PUBLICATION

Los Angeles County, Super. Ct. No. JCCP 4182.

ORDER MODIFYING OPINION AND DENYING REHEARING

[CHANGE IN JUDGMENT]

THE COURT: ^*

* COOPER, P.J. BOLAND, J.

1. It is ordered that the opinion filed on May 17, 2005 be modified as follows:

Page 40, lines 15 through 17 which provide as follows:

“Pacifica Hotel Co. (dismissal improper because second notice valid as to occupational and environmental exposures);� are deleted.

The following text is inserted in the place of the deleted text:

“Pacifica Hotel Co. (dismissal proper because notice invalid);�

This modification effects a change in the judgment.

2. Pacifica Hotel Co.’s petition for rehearing is denied.

3. 7-Eleven, Inc., Wal-Mart Stores, Inc., Sam’s Club, Circle K Stores, Inc. and Tosco Corporation’s petition for rehearing is denied.