Opinion
G036556
11-30-2006
STEVEN VALBUENA et al., Plaintiffs and Appellants, v. JAS PACIFIC, INC., et al., Defendants and Respondents.
It is ordered that the opinion filed herein on June 28, 2006 be modified in the following particulars only:
1. On page 3, delete the last sentence of the second full paragraph and replace it with the following;
"However, loss of use damages are monetary, and no determination of ownership or possession is necessary, when, as here, they are not in issue."
2. On page 3, delete the first two sentences of the third full paragraph and replace them with the following:
"Defendants point to nothing in the record to show plaintiffs did not have the right to use the property or that defendants even disputed this issue. The fact that defendants filed a general denial to the complaint, which alleged that plaintiffs owned the property, is not enough to make ownership or possession an issue. We must look past the face of the complaint and answer "to determine from the totality of the pleadings whether the case . . . is a dispute over the `ownership or right to possession [of Indian land . . . .]" (Boisclair v. Superior Court (1990) 51 Cal.3d 1140, 1156.)"
These modifications do not change the judgment.
The petition for rehearing is DENIED.
The request for publication is DENIED. The opinion follows established law and does not meet any of the standards for publication set forth in California Rules of Court, rule 976(c).
Pursuant to California Rules of Court, rule 978, the clerk of this court is directed to transmit a copy of the request, our opinion, and this order to the Supreme Court. It is our recommendation that the request to publish be DENIED.
We Concur:
SILLS, P. J.
FYBEL, J.