In re Vitamin Cases

Full title: In re Vitamin Cases

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

Date published: Aug 19, 2003

No. A098354 (Cal. Ct. App. Aug. 19, 2003)

Opinion

Page 1711i

110 Cal.App.4th 1711i ___ Cal.Rptr.3d ___ In re Vitamin Cases A098354 California Court of Appeal, First District, Second Division August 19, 2003

San Francisco County Judicial Council Coordination Proceedings No. 4076, Master File No. 301803

OPINION

BY THE COURT:

It is ordered that the opinion filed herein on July 24, 2003, be modified as follows:

1. The last sentence of footnote 10 on page 19 is deleted and the following two sentences inserted in its place: "This was also the gist of a provision in the Settlement Agreement itself which provided that each plaintiff's counsel's 'share of the overall fee award . . . [shall] be determined by the [liaison counsel] in consultation with the Plaintiffs' Executive Committee . . . .' Although the superior court was requested to and did approve the Settlement Agreement, nothing about co-liaison counsel and the Executive Committee themselves determining the appropriate shares of the overall fee award was expressed in the orders presented to and executed by that court."

2. The last sentence of the third full paragraph on page 19, beginning "She also conceded . . ." is deleted.

3. On page 24, immediately after the colon ending the second full paragraph on that page, a new footnote (number 11) is inserted, which footnote shall read: "Although, as set forth in Part III, A, hereof, no formal statement of decision was or is required under Code of Civil Procedure section 632."

As a consequence of this last modification, respondents' request to modify the portions of the opinion to be published is denied.

These modifications do not effect a change in the judgment.