People v. American Contractors Indem. Co.

Full title: THE PEOPLE, Plaintiff and Respondent, v. AMERICAN CONTRACTORS INDEMNITY…

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

Date published: Feb 27, 2006

No. G034799 (Cal. Ct. App. Feb. 27, 2006)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. AMERICAN CONTRACTORS INDEMNITY COMPANY, Defendant and Appellant. G034799 California Court of Appeal, Fourth District, Third Division February 27, 2006

Super. Ct. No. 99NF2727

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT

FYBEL, J.

It is ordered that the opinion filed herein on January 31, 2006, be modified as follows:

1. On page 4, in the fourth full paragraph beginning “The County argues,� the third sentence beginning “There is an exception� and the subsequent statute quote and citation are deleted, and the following sentences are inserted in their place:

An appeal from an order denying a motion to set aside the judgment does not embrace or affect the judgment itself. Therefore, ACIC’s appeal could not have stayed enforcement proceedings on the part of the County as to the judgment. It would be anomalous if an appeal from a judgment did not stay enforcement of the judgment absent posting a bond, under Code of Civil Procedure section 917.1, subdivision (a)(1), but an appeal from an order denying a collateral challenge to the judgment did so under Code of Civil Procedure section 916.

2. On page 5, delete the first full paragraph beginning “Code of Civil Procedure section 917.1.�

3. On page 6, in the first sentence of the first paragraph beginning “Given the language,� delete the phrase “917.1, subdivision (a)(1),� and insert “916� in its place.

These modifications do not effect a change in the judgment. The petition for rehearing is DENIED.

WE CONCUR: SILLS, P. J., ARONSON, J.