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Modification: ENA North Beach, Inc. v. 524 Union Street

Ruling by

J. Anthony Kline

Lower Court

San Francisco County Superior Court

Lower Court Judge

Richard B. Ulmer Jr.

Trial court erroneously granted motion for JNOV to reduce punitive damages rather than utilize Code of Civil Procedure Section 662.5, but affirmed reduction because plaintiff wished to avoid further litigation.





Court

California Courts of Appeal 1DCA/2

Cite as

2019 DJDAR 11604

Published

Dec. 16, 2019

Filing Date

Dec. 12, 2019

Opinion Type

Modification

Disposition Type

Affirmed


ENA NORTH BEACH, INC., et al.

Plaintiffs and Appellants,

v.

524 UNION STREET et al.,

Defendants and Appellants.

 

No. A152431

(San Francisco County

Super. Ct. No. CGC-15-547922)

 

 

ENA NORTH BEACH, INC., et al.,

Plaintiffs and Respondents,

v.

524 UNION STREET et al.,

Defendants and Appellants.

 

No. A152937

(San Francisco County

Super. Ct. No. CGC-15-547922)

California Courts of Appeal

First Appellate District

Division Two

Filed December 12, 2019

 

ORDER MODIFYING OPINION

[CHANGE IN JUDGMENT]

 

CERTIFIED FOR PARTIAL PUBLICATION

 

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts I., A., B., C., D., and III.

 

 

THE COURT:

 

On the Court's own motion the opinion filed herein on December 12, 2019, is modified as follows:

On page 48, under the "DISPOSITION" heading, the first full paragraph is deleted, and the following sentence is added to read: The judgment is affirmed.

 

 

Dated:

Kline, P.J.

 

Trial Court: San Francisco County Superior Court

 

Trial Judge: Hon. Richard B. Ulmer, Jr.

 

 

Attorneys for Plaintiffs and Appellants:

 

Wood Robbins

B. Douglas Robbins

Leyla M. Pasic

Kelley A. Harvilla

 

Attorneys for Defendants and Appellants:

 

Kerr & Wagstaffe

Wagstaffe, Von Loewenfeldt, Busch &Radwick

James M. Wagstaffe

Michael Von Loewenfeldt

 

Draper Law Firm

Ann McFarland Draper

 

 

 

 

 

 

#274460

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