Opinion
No. A137800.
07-08-2014
THE PEOPLE, Plaintiff and Respondent, v. JULIO DAVIS, Defendant and Appellant.
Modification of opinion (226 Cal.App.4th 1538; ___ Cal.Rptr.3d ___), upon denial of rehearing.
THE COURT. — THE OPINION filed June 17, 2014 is modified as follows and the petition for rehearing is DENIED:
On page 6, in the first new paragraph, in that paragraph's last sentence ending "... whether there were other similar flaws in the sunroof wiring, or whether the problem might reoccur" [226 Cal.App.4th 1544, advance report, 1st par., line 13], add a new footnote at the end of the sentence as follows:
Brand acknowledged in his testimony that a service technician told him "probably" on the day he attempted to rescind his purchase that the sunroof problem had been fixed. But of course that did not establish the problem had been fixed, nor that it was "easily fixable" as Hyundai now claims. Hyundai previously had told Brand several times the problem had been fixed.
Renumber the ensuing footnote on page 12 as footnote number 2.
The modification effects no change in the judgment.