Miske v. Bisno

GEORGE J. MISKE,

Plaintiff and Respondent,

v.

ROBERT H. BISNO et al.,

Defendants and Appellants.

Nos. A127596, A127761,

A128167

(Alameda County

Super. Ct. Nos. RG05-247811,

RG06-252359, RG06-252362)

California Courts of Appeal

First Appellate District

Division Four

Filed May 3, 2012

ORDER MODIFYING OPINION

AND DENYING REHEARING

THE COURT:

     On the court?s own motion, it is ordered that the opinion filed herein on April 12, 2012, be modified as follows:

     On page 10, line 10 of the second full paragraph, the words ?and in their capacity as partners? are deleted so that the sentence reads:

?Preference Plaintiffs sued in their own names, whereas respondent Miske sued as assignee of Haldir?s fraud claims; hence, the issues are not identical and therefore collateral estoppel is not available.?

     There is no change in the judgment.  The petitions for rehearing are denied.

Dated:

Reardon, Acting P.J.