Mega RV Corporation v. HWH Corporation

Full title: MEGA RV CORPORATION, Cross-complainant, Cross-defendant and Appellant, v…

Court: California Court of Appeals, Fourth District, Third Division

Date published: May 20, 2014

No. G047718 (Cal. Ct. App. May. 20, 2014)

Opinion

Page 127d

226 Cal.App.4th 127d __ Cal.Rptr.3d__ MEGA RV CORPORATION, Cross-complainant, Cross-defendant and Appellant, v. HWH CORPORATION, Cross-defendant, Cross-complainant and Respondent. G047718 California Court of Appeals, Fourth District, Third Division May 20, 2014

THE COURT.

IT IS ORDERED that the opinion filed herein on April 30, 2014, 225 Cal.App.4th 1318; ___ Cal.Rptr.3d ___ be modified as follows and the petition for rehearing is DENIED:

On page 26, line 8 [225 Cal.App.4th 1340, advance report, 1st par., line 5, before the sentence beginning with “We are unaware of any....” insert the following:

Like Sooy v. Peter, supra, 220 Cal.App.3d at pages 1311-1312, we disagree with the majority opinion in Manning v. Sifford (1980) 111 Cal.App.3d 7, 10-11 [168 Cal.Rptr. 387], wherein the court suggested it could award tort of another damages even if no tort duty existed.

The petition for rehearing is DENIED.

There is no change in the judgment.