Becker v. Kajikura
Becker v. Kajikura
Filed 4/8/08 Becker v. Kajikura CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SIXTH APPELLATE DISTRICT
DONALD BECKER, Plaintiff and Appellant, v. HISASHI KAJIKURI, Defendant and Respondent. | H031531 (Monterey County Super. Ct. No. M53675) ORDER MODIFYING OPINION, DENYING REHEARING AND DENYING REQUEST FOR PUBLICATION NO CHANGE IN THE JUDGMENT |
It is ordered that the opinion filed herein on March 18, 2008, be modified as follows:
1. On page 9, the first paragraph, beginning with the phrase Becker maintains the order awarding sanctions to Kajikuri must be reversed is deleted and the following paragraph is inserted in its place:
Becker maintains the order awarding sanctions to Kajikuri must be reversed because the court failed to render a statement of decision on the motion for sanctions, despite Beckers timely request for one in his motion to tax costs.
2. On page 9, the sixth sentence of the second paragraph beginning with the phrase Becker has not cited any cases or statutes creating an exception is deleted and the following sentence is inserted in its place:
Becker has not cited any cases or statutes creating an exception for an order on a motion to tax costs or an order on a motion for sanctions under section 128.7 and we see no compelling reason to create an exception to the traditional rule in such cases.
There is no change in the judgment.
Beckers petition for rehearing and the request for publication are denied.
Date: ______________________________
McAdams, J.
_____________________________________
Bamattre-Manoukian, Acting P.J.
_____________________________________
Duffy, J.
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