Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. BS091693
ORDER MODIFYING OPINION AND GRANTING REHEARING [CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on October 11, 2007, be modified as follows:
1. On page 1, the introductory paragraph beginning with “APPEAL from” is deleted and the following introductory paragraph is inserted in its place:
APPEAL from a judgment of the Superior Court of Los Angeles County. John Shook, Judge. Affirmed in part and reversed in part.
2. On page 2, first paragraph, the words “and remand for further proceedings” are deleted so that the sentence reads:
We reverse the trial court’s award of prejudgment interest but affirm the judgment in all other respects.
3. On page 22, the first full paragraph, beginning “As set forth below” is deleted and the following paragraph is inserted in its place:
As set forth below, we find that this issue is properly resolved in favor of Risner.
4. The paragraph commencing on the bottom of page 23 with “F&G’s ex parte application” and ending at the top of page 24 with “the method of calculating such interest” is deleted and the following paragraph is inserted in its place:
While F&G argues that its ex parte application was made well within the time frame for a motion for a new trial, the request did not come “as part of a motion for new trial pursuant to Code of Civil Procedure section 657, on the grounds of ‘[e]xcessive or inadequate damages.’ [Citation.]” (North Oakland, supra, at p. 830, italics added.)
5. On page 24, the paragraph commencing with “We therefore remand this issue” is deleted, and the following paragraph is inserted in its place:
Because F&G failed to meet the guidelines set forth in North Oakland, and failed to point to any additional authority on this issue, we reverse the trial court’s award of prejudgment interest.
6. On page 27, under the heading “DISPOSITION,” the paragraph commencing with “The judgment is affirmed” is deleted and the following paragraph is inserted in its place:
The judgment is affirmed with the exception of the portion of the amended judgment allowing for prejudgment interest, which is reversed. The award of attorney fees and costs under Business & Professions Code section 6204, subdivision (d), is affirmed. Each party shall bear its own costs of appeal.
This modification changes the judgment.
Appellant Kathy Risner’s petition for rehearing is granted with respect to the court’s opinion filed October 11, 2007 in this matter. No further briefing or argument will be scheduled.
DOI TODD, Acting P.J. ASHMANN-GERST, J. CHAVEZ, J.