Duran v. U.S. Bank National Assn.

Full title: SAM DURAN et al, Plaintiffs and Respondents, v. U.S. BANK NATIONAL…

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

Date published: Mar 6, 2012

No. A125557 (Cal. Ct. App. Mar. 6, 2012)

Opinion

Page 1042b

203 Cal.App.4th 1042b __ Cal.Rptr.3d __ SAM DURAN et al, Plaintiffs and Respondents, v. U.S. BANK NATIONAL ASSOCIATION, Defendant and Appellant. A125557 California Court of Appeals, First District, First Division March 6, 2012

Alameda County Superior Court, No. 2001-035537, Honorable Robert B. Freedman, Trial Judge

THE COURT:.

IT IS ORDERED that the opinion filed herein on February 6, 2012 (203 Cal.App.4th 212;___Cal.Rptr.3d___), be modified in the following particulars and the petition for rehearing is DENIED:

1. On page 74, at the end of the first paragraph of the Disposition [203 Cal.App.4th 276, advance report, end of 1st par.], footnote 80 is added, which will read:

The parties in their briefs on appeal did not address the status of the award of overtime restitution to the named plaintiffs and the individual RWG members in the event of a reversal of judgment. This remains an issue for the trial court.

There is no change in the judgment.

The petition for rehearing is denied.