Modification: Williams v. The Pep Boys

GLENN WILLIAMS et al.,

Plaintiffs and Appellants,

v.

THE PEP BOYS MANNY MOE & JACK OF CALIFORNIA,

Defendant and Respondent.

No. A146060

(City & County of San Francisco

Super. Ct. No. CGC-11-275749)

California Courts of Appeal

First Appellate District

Division Four

Filed Sept. 24, 2018

ORDER MODIFYING OPINION

AND CERTIFYING ADDITIONAL

SECTION FOR PUBLICATION

(NO CHANGE IN JUDGMENT)

THE COURT:

It is ordered that the opinion filed August 23, 2018, be modified as follows:

At the end of the introductory paragraph, appearing on pages 1-2, the following sentence shall be added:

We hold further that a settlement offer under Code of Civil Procedure section 998 in a case in which plaintiffs assert both wrongful death and survival causes of action must be apportioned among such distinct claims.

The modification effects no change in the judgment.

In addition, part II.E. of the opinion in the above matter was not certified for publication in the Official Reports when filed on August 23, 2018. For good cause it now appears that part II.E. of the opinion, as modified herein, shall be included in the partial publication in the Official Reports and it is so ordered.

Dated: 09/21/2018

STREETER, ACTING P.J.

Trial Court: City & County of San Francisco Superior Court

Trial Judge: Hon. Teri Jackson and Hon. Charles F. Haines

Counsel for Appellants: Farrise Law Firm, Simona A. Farrise and Alina Guzman; Arkin Law Firm, Sharon J. Arkin

Counsel for Respondents: Dentons US LLP, Jules S. Zeman, Bradford J. DeJardin, Jennifer J. Lee