Desaigoudar v. Meyercord

Full title: AARATHI DESAIGOUDAR et al., as Trustees, etc., Plaintiffs and Appellants…

Court: California Court of Appeals, Sixth District

Date published: May 28, 2003

No. H023911 (Cal. Ct. App. May. 28, 2003)

Opinion

Page 916a

108Cal.App.4th916a __ Cal.Rptr.2d __ AARATHI DESAIGOUDAR et al., as Trustees, etc., Plaintiffs and Appellants, v. WADE MEYERCORD et al., Defendants and Respondents. H023911 California Court of Appeal, Sixth District May 28, 2003

Santa Clara County Super. Ct. No. CV768813

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

Premo, Acting P.J.

THE COURT:

It is ordered that our decision filed April 29, 2003, be modified as follows:

Page 23, delete the last sentence of the first partial paragraph on that page so that the paragraph reads:

On appeal, plaintiffs point to the "declarations and other admissible evidence" they submitted in connection with their opposition to the defendants' motion to stay the lawsuit. They argue that evidence supports their contention that there was "a serious question as to the disinterest of the Committee members." Regardless of what that evidence might have shown, plaintiffs did not submit it to the superior court in connection with the summary judgment motion but merely referred to their memorandum filed in connection with the prior motion.

There is no change in judgment. Appellants petition for rehearing is denied.

WE CONCUR: Elia, J., Bamattre-Manoukian, J.