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Operating Engineers Pension Trust v. C and K Engineering

Operating Engineers Pension Trust v. C and K Engineering
10:04:2007



Operating Engineers Pension Trust v. C and K Engineering



Filed 10/4/07 Operating Engineers Pension Trust v. C and K Engineering CA2/5



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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



SECOND APPELLATE DISTRICT



DIVISION FIVE



OPERATING ENGINEERS PENSION TRUST et al.,



Plaintiffs and Appellants,



v.



C AND K ENGINEERING CORPORATION et al.,



Defendants and Respondents.



Laquer, Urban, Clifford & Hodge, LLP,



Objector and Appellant.



B190169



(Super. Ct. No. GC035485)



ORDER MODIFYING OPINION



AND DENYING REHEARING



[NO CHANGE IN JUDGMENT]



THE COURT:*



It is ordered that the opinion filed herein on September 6, 2007, be modified in the following particular:



On page 22, line 6 of the first full paragraph, the word extrinsic is deleted and replaced with the word intrinsic so that the sentence reads:



This action does not seek to set aside any judgment and thus



is not barred by the doctrine of intrinsic fraud.



Respondents petition for rehearing is denied. There is no change in the judgment.



_______________________________________________________________________



*KRIEGLER, J. ARMSTRONG, Acting P. J. MOSK, J.









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