Opinion
No. C080535.
08-17-2018
PATRICK LAFFERTY et al., Plaintiffs and Appellants, v. WELLS FARGO BANK, N.A., Defendant and Appellant.
[Modification of opinion (25 Cal.App.4th 398; ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT. — The opinion filed July 19, 2018 in the above cause is modified as follows:
Add the following footnote to the end of the second full paragraph of part II B. [25 Cal.App.5th 418, advance report, 3d full par., last line]:
As the Laffertys point out in their petition for rehearing, the trial court misspoke when it stated they recovered against Geweke for failure to comply with the CLRA. The record indicates they recovered against Geweke for violation of the unfair competition law (Bus. & Prof. Code, § 17200 et seq.), for money had, and for negligence. The trial court's misstatement does not undermine our conclusion that the Laffertys did not file this action "pursuant to" Civil Code section 1780.
Delete footnote 2 from part IV B. [25 Cal.App.5th 425, advance report, fn. 2].
Delete the second full paragraph from part IV C. [25 Cal.App.5th 427, advance report, 2d full par., last line].
This modification does not change the judgment.
Appellants' petition for rehearing is denied.