Opinion
Page 910a
70 Cal.App.4th 910a JERRY O. SMITH et al., Plaintiffs and Appellants, v. GOLDEN EAGLE INSURANCE CO. et al., Defendants and Respondents. G018209. California Court of Appeal, Fourth District, Third Division March 11, 1999[Modification of opinion (69 Cal.App.4th 1371 82 Cal.Rptr.2d 300) on denial of petition for rehearing.]
This modification requires movement of text affecting pages 1375-1376 of the bound volume report.
Retired Associate Justice of the Court of Appeal, assigned by the Chief Justice pursuant to article VI, section 6, of the California Constitution.
OPINION
RYLAARSDAM, J.
It is ordered that the published opinion filed herein on February 16, 1999, be modified in the following particulars:
1. On page 2, the first paragraph, the fifth sentence [69 Cal.App.4th 1373, advance report, 1st par., line 6] beginning with "Plaintiffs then ...", delete the word "then."
2. On page 2, the second full paragraph, the second sentence [69 Cal.App.4th 1373, advance report, 2d par., lines 3-5] beginning with "Smith and his wife ...", delete "the driver, others not parties to this appeal, and the premises owners, Don and Margaret Kott (Kotts)" and replace with "the premises owners, Don and Margaret Kott (Kotts) and others not parties to this appeal."
3. On page 3 [69 Cal.App.4th 1374, advance report], the second full paragraph, the first sentence, beginning with "Plaintiffs next filed ...", delete the word "filed" and replace with the word "pursued."
4. On page 4, the second full paragraph, the fifth sentence [69 Cal.App.4th 1375, advance report, 1st par., lines 9-12] beginning with "By bringing the motion ...", delete this sentence entirely.
5. On page 4, the second full paragraph, the sixth sentence [69 Cal.App.4th 1375, advance report, 1st par., line 12] beginning with "Furthermore, that issue ...", delete the word "Furthermore" and replace with "However."
6. On page 5, the first full paragraph, the second sentence [69 Cal.App.4th 1375, advance report, 2d par., lines 3-4] beginning with "Plaintiffs admit they ...", delete the word "accident" and replace with "action." {Page 70 Cal.App.4th 910b]
The petition for rehearing is denied. This modification does not effect a change in the judgment.
Crosby, Acting P. J., and Wallin, J., * concurred.