Whiteley v. R.J. Reynolds Tobacco co.

Full title: LEONARD WHITELEY et al., Plaintiffs and Respondents, v. R.J. REYNOLDS…

Court: California Court of Appeals, First District, Second Division

Date published: Nov 4, 2009

No. A119345 (Cal. Ct. App. Nov. 4, 2009)

Opinion

LEONARD WHITELEY et al., Plaintiffs and Respondents, v. R.J. REYNOLDS TOBACCO COMPANY et al., Defendants and Appellants. A119345 California Court of Appeal, First District, Second Division November 4, 2009

NOT TO BE PUBLISHED

San Francisco County Super. Ct. No. 303184, cons. With 317140

ORDER MODIFYING OPINION AND DENYING REHEARING

Kline, P.J.

THE COURT:

It is ordered that the unpublished opinion filed herein on October 14, 2009, be modified as follows:

1. The first sentence of the paragraph commencing at the bottom of page 32 and ending at the top of page 33 is modified to read as follows, after deleting only the first four words, “It is undisputed that”:

Defendants and their agents made numerous misrepresentations of fact and false promises regarding the health effects of smoking and whether the case against smoking had been made. [The remainder of the paragraph on page 33 continues without changes.]

There is no change in the judgment.

Appellants’ petition for rehearing is denied.