ZF Micro Devices v. TAT Capital Partners

ZF MICRO DEVICES, INC. et al.,

Plaintiffs and Appellants,

v.

TAT CAPITAL PARTNERS, LTD., et al.,

Defendants and Respondents.

No. H040776

(Santa Clara County

Super. Ct. No. 109CV134970)

California Courts of Appeal

Sixth Appellate District

Filed November 30, 2016

ORDER MODIFYING OPINION

NO CHANGE IN THE JUDGMENT

THE COURT:

     It is ordered that the opinion filed herein on November 3, 2016, be modified as follows:    

1. On page 8, third full paragraph, first sentence, delete ?because of the delayed accrual of the statute of limitations? and replace it with:  ?because the accrual of the claim was delayed due to ZF?s having failed, in the exercise of reasonable diligence, to discover the facts underlying the claim until a date less than four years before the cross-complaint?s filing.?

2. On page 12, first full paragraph, fourth sentence, change ?noted? to ?notes?

3. On page 17, second full paragraph, third sentence, delete ?because the alleged conduct resulting in harm occurred prior to February 28, 2002, when ZF Devices ceased operations? and replace it with:  ?i.e., on February 28, 2002, when the harm to ZF Devices occurred.?

4. On page 17, third full paragraph, fourth sentence, change ?from? to ?of.?

5. On page 21, first full paragraph, third sentence, insert ?the? after ?from? and before ?plaintiff.?

6. On page 26, first full paragraph, first sentence, change ?redefining? to ?redefined.?

7. On page 27, first full paragraph, first sentence, change ?authority? to ?authorities.?

8. On page 28, third full paragraph, second sentence, insert ?of? after ?favor? and before ?Putney.?

There is no change in the judgment.

Dated:                                     

WALSH, J.^*

RUSHING, P.J.

PREMO, J.

Trial Court: Santa Clara County Superior Court

Superior Court No.: 109CV134970

Trial Judge: The Honorable William J. Monahan

Attorneys for Plaintiffs and Appellants ZF MICRO DEVICES, INC. et al.:

Jeffrey A. Berger

BERGER LAW OFFICES

Scott J. Spolin

C. Brent Parker

SPOLIN COHEN MAINZER

Attorneys for Defendants and Respondents TAT CAPITAL PARTNERS, LTD., et al.:

Joseph Nicholas Demko

Matthew Scott Kenefick

JEFFER, MANGELS, BUTLER & MARMARO LLP

^* Judge of the Santa Clara County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.