Opinion
Page 267a
158 Cal.App.4th 267a __ Cal.Rptr.3d__ STACI ENGLE, Plaintiff and Appellant, v. COPENBARGER AND COPENBARGER, LLP et al., Defendants and Respondents. G038351 California Court of Appeal, Fourth District, Third Division December 24, 2007Super. Ct. No. 05CC10286
ORDER MODIFYING OPINION
THE COURT
BEDSWORTH, J.
It is ordered that that the opinion filed herein on November 26, 2007 (157 Cal.App.4th 165; 68 Cal.Rptr.3d 461)., be modified in the following particular:
On page 6 [157 Cal.App.4th 171, advance report, 1st full par.], delete the last paragraph that begins with “Since Engle accepted”, and replace it with the following:
“Since Engle accepted a section 998 offer to compromise that was silent on costs and fees, and she prevailed on statutory causes of action for which fees may be recovered, it was an abuse of discretion to deny fees on the ground that it was uncertain whether Engle prevailed on the statutory claims. The order appealed from is reversed, and the matter is remanded with directions to reconsider the fee motion in light of this opinion.”
This modification does effect a change in judgment.
WE CONCUR: RYLAARSDAM, ACTING P. J. ARONSON, J.