Belated interpleader answer lacking factual specificity insufficient to merit trial or summary judgment motion on issues pled.
Cite as
2016 DJDAR 12295Published
Dec. 13, 2016Filing Date
Dec. 12, 2016SOUTHERN CALIFORNIA GAS COMPANY,
Plaintiff and Respondent,
v.
PATRICK FLANNERY, et al.,
Defendants and Appellants;
SCOTT J. TEPPER, et al.,
Defendants and Respondents.
No. B268298
(Los Angeles County
Super. Ct. Nos. BC503027 and BC442504)
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
California Court of Appeals
Second Appellate District
Division Five
Filed December 13, 2016
THE COURT:
It is ordered that the opinion filed on November 14, 2016, is modified as follows:
On page 16, the second sentence of the first full paragraph reads: ?Judge Wiley noted his prior January 23, 2013 order in the Sesnon Fire Case that the court in the Palimony Case ?would determine the ownership split between Murray and Flannery? and adopted the finding from the Palimony Case to award Flannery $1,225,000.? The sentence should be replaced with: ?Judge Wiley noted his prior January 23, 2013 order in the Sesnon Fire Case that the court in the Palimony Case ?would determine the ownership split between Murray and Flannery? and adopted the finding from the Palimony Case to award Murray $1,225,000.?
On page 29, the second sentence of the first full paragraph reads: ?This argument is misguided because Flannery?s answer to the interpleader complaint was sufficient to place the existence, value, and enforceability of his lien at issue as against Flannery.? The sentence should be replaced with: ?This argument is misguided because Tepper?s answer to the interpleader complaint was sufficient to place the existence, value, and enforceability of his lien at issue as against Flannery.?
The petition for rehearing is denied.
KRIEGLER, Acting P.J.
BAKER, J.
KUMAR, J.*
* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424