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Diamond v. Reshko

Jury should be told about plaintiff and third party defendant's settlement agreement and exclusion of such evidence prejudices the other defendants.



Cite as

2015 DJDAR 10707

Published

Sep. 22, 2015

Filing Date

Sep. 18, 2015


Filed 9/17/15 (unmodified opn

CHRISTINE DIAMOND et al.,

Plaintiffs and Respondents,

v.

SERGE RESHKO et al.,

Defendants and Appellants.

 

 

No. A139251

(San Francisco City & County

Super. Ct. No. CGC-11-511948)

California Courts of Appeal

First Appellate District

Division Four

Filed September 17, 2015

 

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

 

 

THE COURT:

 

     It is ordered that the opinion filed herein on August 20, 2015, be modified as follows:

 

     On page 20, line 2 of the first sentence in the third full paragraph, beginning ?In the present case,? the word ?not? is to be inserted between the words ?does? and ?convey? so that the sentence reads:

 

In the present case, although the trial court refused to inform the jury about the settlement agreement at least three times, the record does not convey precisely why the court made these rulings.

 

There is no change in the judgment.

 

 

DATED: 

                                     RUVOLO, P. J.

 

#203529

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