Multani v. Witkin & Neal

Full title: AFSHAN MULTANI, et al., Plaintiffs and Appellants, v. WITKIN & NEAL et…

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

Date published: May 29, 2013

No. B237295 (Cal. Ct. App. May. 29, 2013)

Opinion

Page 590b

216 Cal.App.4th 590b __ Cal.Rptr.3d__ AFSHAN MULTANI, et al., Plaintiffs and Appellants, v. WITKIN & NEAL et al., Defendants and Respondents. B237295 California Court of Appeals, Second District, Seventh Division May 29, 2013

APPEAL from a judgment of the Superior Court of Los Angeles County, C. Edward Simpson, Judge, Los Angeles County Super. Ct. No. GC044440

THE COURT:

IT IS ORDERED that the opinion filed herein on May 1, 2013, (215 Cal.App.4th 1428;___Cal.Rptr.3d___), be modified as follows and the petition for rehearing is DENIED:

1. On page 12, footnote 6 (footnote 6 begins on page 11 and continues onto page 12) [215 Cal.App.4th 1442, advance report, fn. 6] delete the last sentence, which states:

“Plaintiffs also pleaded a claim for cancellation of deed against ProValue, which is not a party to this appeal.”

The last sentence shall be replaced with the following language:

“Plaintiffs also pleaded a claim for cancellation of deed against ProValue, which the trial court dismissed in an order granting ProValue’s motion for judgment on the pleadings. Although plaintiffs’ notice of appeal references this order, their briefs contain no legal analysis of ProValue’s claims or the court’s order granting ProValue judgment on those claims. Plaintiffs have therefore abandoned any claim of error regarding the trial court’s order granting ProValue’s motion for judgment on the pleadings. (Tan v. California Fed. Sav. & Loan Assn. (1983) 140 Cal.App.3d 800, 811 [189 Cal.Rptr. 775] [issues not raised in an appellate brief are deemed waived or abandoned].)

2. On page 32, the following sentence shall be added to the end of footnote 16 (footnote 16 begins on page 31 and continues onto page 32) [215 Cal.App.4th 1458, advance report, fn. 16]:

“On remand, the trial court shall consider the effect of our reversal of the judgment on its award of attorney’s fees.”

3. On page 32 [215 Cal.App.4th 1459, advance report, 1st par., line 3], in the last sentence of the disposition, the word “bear” shall be added between the words “shall” and “its”, so that the modified sentence reads:

Page 590c

“Each party shall bear its own costs.”

The foregoing does not affect a change in the judgment. Appellants’ petition for rehearing is denied.