Rus, Miliban & Smith v. Conkle & Olsten

Full title: RUS, MILIBAND & SMITH, Cross-Complainant and Appellant, v. CONKLE …

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

Date published: Dec 19, 2003

No. G030325 (Cal. Ct. App. Dec. 19, 2003)

Opinion

Page 1448a

113 Cal.App.4th 1448a __ Cal.Rptr.3d __ RUS, MILIBAND & SMITH, Cross-Complainant and Appellant, v. CONKLE & OLESTEN et al., Cross-Defendants and Respondents. G030325 California Court of Appeal, Fourth District, Third Division December 19, 2003

Super. Ct. No. 00CC09852

MODIFICATION OF OPINION; NO CHANGE IN JUDGMENT

SILLS, P. J.

The court has received a request for "correction of decision" which it will treat as a request for modification of the opinion filed November 21, 2003. The motion is DENIED, except in regard to the following particulars:

1. On page 18 of the slip opinion [113 Cal.App.4th 674, advance report], in the third complete paragraph, the parenthetical material should end with the words "a good settlement" and not, as they now do, with the words "justified the withdrawal".

2. On page 20 of the slip opinion [113 Cal.App.4th 676, advance report,
carryover par.], insert "row" for "road" in the penultimate sentence in the first full paragraph.

Also, on the court's own motion, in the last sentence of the second paragraph on page 2 of the slip opinion "the merely cite" should be "they merely cite".

These modifications do not change the judgment

WE CONCUR: O'LEARY, J. MOORE, J.