Opinion
Page 348a
101 Cal.App.4th 348a ___Cal.Rptr.2d___ ANNA JORDAN et al., Plaintiffs and Appellants, v. DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants. STATE OF CALIFORNIA et al., Plaintiffs and Appellants, v. ANNA JORDAN et al., Real Parties in Interest and Appellants. DEAN ANDAL et al., Plaintiffs and Appellants, v. MILBERG, WEISS, BERSHAD, HYNES & LERACH et al., Defendants and Respondents. Nos. C038339, C038343, C038735 California Court of Appeal, Third District August 20, 2002[Modification of opinion (100 Cal.App.4th 431; 123 Cal.Rptr.2d 122) on denial of petition for rehearing.]
This modification requires editorial changes to the second paragraph of the summary, page 432. In the bound volume report, "10 percent" will be changed to read "7 percent."
OPINION
Before Sims, Acting P. J., Nicholson, J., and Morrison, J.
It is ordered that the opinion filed herein on July 22, 2002, be modified as follows:
1. On page 35, the disposition [100 Cal.App.4th 456, advance report, 4th par.] is modified to read as follows:
The order vacating the arbitration award is affirmed. The trial court is directed to order a new arbitration before a new panel of arbitrators, in which the award shall not exceed $18,194,319.92 plus interest at the rate of 7 percent from July 27, 1998 (Cal. Const., art. XV, § 1). The judgment of dismissal in the Andal action is affirmed. The state shall recover its costs on appeal from Attorneys; the other parties shall bear their own costs.
2. On page 2 of the concurring opinion, footnote 1 [100 Cal.App.4th 457, advance report, fn. 1] is modified to read as follows:
In his dissent to the denial of the State's request for reconsideration of the arbitration award, Retired Chief Justice Malcolm Lucas said the award of
Page 348b
fees of $8,800 per hour "may be too handsome." Chief Justice Lucas was always the master of decorous understatement.
The judgment is changed by the modification to the interest rate.
The petitions for rehearing by the state and the attorneys are denied.