Gonzalez v. Stone

Full title: URBANO GONZALEZ et al., Plaintiffs and Appellants, v. ROY L. STONE et al…

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

Date published: Jul 23, 2007

No. B184403 (Cal. Ct. App. Jul. 23, 2007)

Opinion

URBANO GONZALEZ et al., Plaintiffs and Appellants, v. ROY L. STONE et al, Defendants and Respondents. 2d Civil No. B184403 California Court of Appeal, Second District, Sixth DivisionJuly 23, 2007

NOT TO BE PUBLISHED

Super. Ct. No. CIV217858

ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on June 21, 2007, be modified as follows:

1. On page 1, the last sentence in the first paragraph is deleted and the following sentence is inserted in its place:

"We reduce the award of costs, but otherwise affirm."

2. On page 9, the first paragraph is deleted and the following paragraph is inserted in its place:

"The Stones challenge the jury fees that the trial court awarded to the Gonzalezes. They argue that the Gonzalezes could have recovered those fees if they had filed a timely reimbursement request under Code of Civil Procedure section 631.3. We agree. The Stones also challenge the costs awarded to the Gonzalezes for the depositions of other defendants. The Gonzalezes contend the depositions were necessary to pursue litigation against the Stones, because Roy Stone never appeared for his deposition, and Robert Stone appeared but failed to bring all documents necessary to answer questions. Under the circumstances, the court properly awarded the challenged deposition costs to the Gonzalezes."

3. On page 9, the first sentence of the last paragraph is deleted and the following sentences are inserted in its place:

"We modify the judgment to reduce the cost award by $150. In all other respects, we affirm the judgment."

There is no change in the judgment.

Appellants' petition for rehearing is denied.