EmeraldBay Financial v. Stojsavljevic
Filed 7/30/08 Emerald Bay Financial v. Stojsavljevic CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
EMERALD BAY FINANCIAL, INC., et al., Plaintiffs and Respondents, v. PETAR STOJSAVLJEVIC et al., Defendants and Appellants. | D050795 (Super. Ct. No. GIN051368) ORDER DENYING REHEARING AND MODIFYING OPINION NO CHANGE IN JUDGMENT |
THE COURT:
It is ordered that the opinion filed herein on July 2, 2008, be modified as follows:
At the end of the first paragraph on page 21, after the sentence ending "at all times," add as footnote 4 the following footnote:
4 Plaintiffs objected to these statements in Trucchi's declaration, and the court granted the objection to the first statement on hearsay grounds, and to the second as lacking foundation. However, Trucchi's statement as to what Judith and Petar told her was not hearsay as it was relevant to their intent and state of mind in filing and pursuing the action. (Evid. Code, 1250; People v. Williams (1997) 16 Cal.4th 153, 205.) The second statement was admissible as Trucchi, the attorney charged with the principal role in representing Judith and Petar, did not lack foundation to make that statement. Attorney Trucchi's full statement was: "During the investigation of the underlying lawsuit, facts that were uncovered confirmed that [Judith and Petar] disclosed all of the relevant facts of which they were aware to me at all times," and Petar and Judith made statements to the same effect. Moreover, plaintiffs did not object to Petar and Judith's statements they disclosed all relevant facts to their attorneys.
There is no change in the judgment.
Respondents' petition for rehearing is denied.
NARES, Acting P. J.
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