Opinion
C066160
08-12-2011
BRUCE NEWLAND et al., Petitioners, v. SUPERIOR COURT OF PLACER COUNTY, Respondent; PROGRESSIVE MARATHON INSURANCE COMPANY, Real Party in Interest.
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. SCV18066)
MODIFICATION OF OPINION AND DENIAL OF PETITION FOR REHEARING
THE COURT:
The opinion of this court filed July 22, 2011, in the above entitled case is modified as follows:
On page 26, please insert the following sentence before the last sentence starting with "Petitioners":
"The matter is remanded to the trial court for further proceedings on whether Petitioners cannot establish that Progressive acted with malice or oppression in adjusting their claim as urged by Progressive in its motion for summary adjudication filed May 13, 2010."
As modified, the petition for rehearing is denied. This modification does effect a change in the judgment.
BY THE COURT:
BLEASE, Acting P. J.
ROBIE , J.
MAURO, J.