Matera v. McLeod

Full title: DENISE MATERA et al., Plaintiffs and Respondents, v. JAMES MCLEOD et al.…

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

Date published: Dec 15, 2006

No. B186714 (Cal. Ct. App. Dec. 15, 2006)

Opinion

DENISE MATERA et al., Plaintiffs and Respondents, v. JAMES MCLEOD et al., Defendants and Appellants. B186714 California Court of Appeal, Second District, Third Division December 15, 2006

Los Angeles County Super. Ct. No. SC082245

ORDER MODIFYING OPINION AND DENYING REHEARING, CHANGE IN JUDGMENT.

THE COURT:

The opinion filed in this cause on November 22, 2006, is modified as follows:

1. On page 9, line 11, delete the words “failed to inform defendants of the discovery order against them,” and insert in their place “failed to advise defendants of their obligations under the discovery order against them and failed to comply with the order,”.

2. On page 9, last line, and page 10, line 1, delete the words “defendants’ failure to comply with the discovery order resulting in the terminating sanction.” and insert in their place “defendants’ failure to oppose the motion for a terminating sanction.”

3. On page 16, footnote 5, line 1, delete the word “ruled” and insert in its place “stated” so the revised language reads “The court later stated on September 22, 2005,”.

4. On page 30, footnote 12, line 1, delete the word “contend” and insert in its place “convincingly argue” so the revised language reads “Plaintiffs do not convincingly argue and the superior court”.

5. On page 34, line 12, after the word “plaintiffs’” insert the word “apparent” so the revised language reads “plaintiffs’ apparent urging.”

6. On page 35, in the last two lines of the Disposition, delete the sentence “Defendants are to recover their costs on appeal.” and insert in its place “In the interests of justice, the parties shall bear their own costs on appeal. (Rule 27(a)(4).)”

This modification changes the judgment.

Plaintiffs’ petition for rehearing is denied.