Hasso v. Hapke

Full title: RONALD HASSO, as Trustee, etc., Plaintiff and Appellant, v. JOHN HAPKE…

Court: California Court of Appeals, Fourth District, Third Division

Date published: Jul 15, 2014

G047495, G047588 (Cal. Ct. App. Jul. 15, 2014)

Opinion

Page 732g

227 Cal.App.4th 732g __ Cal.Rptr.3d __ RONALD HASSO, as Trustee, etc., Plaintiff and Appellant, v. JOHN HAPKE, Defendant and Appellant CHARLES FISH INVESTMENTS, INC., et al., Defendants and Respondents RONALD HASSO, as Trustee, etc., Plaintiff and Appellant, v. ROCKWATER AMERICAN MUNICIPAL FUND, LLC, et al., Defendants and Appellants. G047495, G047588 California Court of Appeals, Fourth District, Third Division July 15, 2014

THE COURT

APPELLANT JOHN HAPKE has filed a petition for rehearing in which he requests that we modify our opinion filed on June 19, 2014, 227 Cal.App.4th 107, __ Cal.Rptr.3d __ to direct the trial court to enter judgment in his favor in accordance with Code of Civil Procedure section 629. We grant his request for modification and the petition for rehearing is DENIED.

The opinion filed in this case on June 19, 2014 is hereby ordered modified as follows:

1. On page 60 of the opinion, in the third full paragraph [227 Cal.App.4th 157, advance report, 5th full par., 1st line], delete the following sentence: “The order denying his motion for judgment notwithstanding the verdict is moot.”

2. Substitute the following new sentence in its place [227 Cal.App.4th 157, advance report, 5th full par., 1st line]: "The trial court shall enter judgment in his favor.”

This modification changes the judgment.

The petition for rehearing filed on July 3, 2014 is denied.