Opinion
G041695 G041707 G042185 Super. Ct. No. 05CC03442
07-05-2011
KEMP BROS. CONSTRUCTION, INC, Plaintiff, Cross-defendant and Appellant, v. TITAN ELECTRIC CORPORATION, et al., Defendants, Cross-complainants and Appellants.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
ORDER MODIFYING OPINION
AND DENYING PETITION FOR
REHEARING; NO CHANGE IN
JUDGMENT
It is ORDERED that the opinion filed herein on June 8, 2011, be modified as follows:
On page 3, second line of footnote 1, the word "only" is changed to "primarily" so that the sentence reads:
"These orders were challenged primarily on the grounds the underlying judgment (for Kemp; for the Nelsons) must be reversed."
On page 3, at the end of footnote 1, add the following:
"And the court did not abuse its discretion by finding the Nelsons were the prevailing parties on Kemps alter ego claim, despite Kemps win against their company, Titan."
The petition for rehearing is DENIED.
There is no change in the judgment.
IKOLA, J. WE CONCUR: BEDSWORTH, ACTING P. J. OLEARY, J.