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Neal v. Witkin

Court of Appeals of California, Second District, Division Seven.
May 29, 2013
216 Cal.App.4th 590 (Cal. Ct. App. 2013)

Opinion

No. B237295M.

05-29-2013

NEAL et al., Defendants and Respondents. AFSHAN MULTANI, et al., Plaintiffs and Appellants, v. WITKIN


Modification of opinion upon denial of rehearing.

THE COURT. — IT IS ORDERED that the opinion filed herein on May 1, 2013, 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 Pro Value, 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 Pro Value, 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 Pro Value 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 [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:

[216 Cal.App.4th 590c]

"Each party shall bear its own costs."

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


Summaries of

Neal v. Witkin

Court of Appeals of California, Second District, Division Seven.
May 29, 2013
216 Cal.App.4th 590 (Cal. Ct. App. 2013)
Case details for

Neal v. Witkin

Case Details

Full title:NEAL et al., Defendants and Respondents. AFSHAN MULTANI, et al.…

Court:Court of Appeals of California, Second District, Division Seven.

Date published: May 29, 2013

Citations

216 Cal.App.4th 590 (Cal. Ct. App. 2013)

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