Opinion
Page 377a
210 Cal.App.4th 377a __ Cal.Rptr.3d __ WANKE, INDUSTRIAL, COMMERCIAL, RESIDENTIAL, INC., Plaintiff and Appellant, v. SCOTT KECK et al., Defendants and Appellants. WANKE, INDUSTRIAL, COMMERCIAL, RESIDENTIAL, INC., Plaintiff and Appellant, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent SCOTT KECK et al., Real Parties in Interest. D058669, D058825 California Court of Appeals, Fourth District, First Division October 29, 2012THE COURT:
It is ordered that the opinion filed on October 4, 2012 (209 Cal.App.4th 1151, ___ Cal.Rptr.3d ___), is modified as follows and that Scott Keck and WP Solutions, Inc.'s, petition for rehearing is DENIED:
Part IV of the opinion, entitled "Disposition" [209 Cal.App.4th 1180, advance report, Dispostition, and continuing onto page 1181] is deleted in its entirety and replaced with the following text:
IV.
DISPOSITION
Wanke's petition for writ of mandate is denied. Each party is to bear its own costs in connection with the writ proceeding in case No. D058825.
The trial court's order entitled "Order Re OSC Re Contempt and Motion to Enforce Settlement Agreement (Con Am Management)" is reversed with respect to the trial court's denial of Wanke's motion to enforce the Settlement Agreement. The matter is remanded to the trial court with directions to vacate its order and to conduct further proceedings consistent with this opinion, including granting Wanke's motion to enforce the Settlement Agreement as to Con Am Management and determining damages. The trial court shall enter a new order upon the conclusion of the proceedings on remand awarding
Page 377b
Wanke the $17,655 in attorney fees previously ordered, as well as any additional attorney fees that the court might reasonably award on remand.
The trial court's order entitled "Order Enforcing Settlement Agreement (AV Builders: Saratoga West)" is affirmed.
Wanke is entitled to recover its costs related to the appeals in case No. D058669.
This modification changes the judgment.