Jneid v. Tripole Corp.
Filed 1/15/10 Jneid v. Tripole Corp. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
AMER JNEID et al., Plaintiffs, Cross-defendants and Respondents, v. TRIPOLE CORPORATION et al., Defendants, Cross-complainants and Appellants. | G039500 (Consol. w/ G039723, G039725 & G039897) (Super. Ct. No. 02CC00182) ORDER MODIFYING OPINION AND DENYING PETITIONS FOR REHEARING; NO CHANGE IN JUDGMENT |
It is ordered that the opinion filed on December 17, 2009 be modified as follows:
On page 6 following the first sentence in the first paragraph of the DISPOSITION, add the following: The superior court shall determine whether the decision on Novells cross-complaint was affected by the sanctions order. If not it shall not be retried. The new paragraph shall read:
The judgment is reversed and the matter remanded for a new trial. The superior court shall determine whether the decision on Novells cross-complaint was affected by the sanctions order. If not it shall not be retried. The superior court shall determine the attorney fees, costs, and expenses incurred by plaintiffs and TriPole in connection with the already completed trial and order Novell to pay those amounts forthwith. In addition, the court shall determine the amounts Novell shall pay to plaintiffs and TriPole for additional discovery to be conducted because of the late production of the documents.
This modification does not change the judgment. The petition for rehearing filed by Respondents Amer Jneid, Ali Beydoun, and Craig Sheldon and the petition for rehearing filed by Respondent TriPole Corporation are DENIED.
RYLAARSDAM, J.
WE CONCUR:
SILLS, P. J.
MOORE, J.
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