Ruling by
J. Anthony KlineLower Court
San Francisco County Superior CourtLower 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/2Cite as
2019 DJDAR 11604Published
Dec. 16, 2019Filing Date
Dec. 12, 2019Opinion Type
ModificationDisposition Type
AffirmedENA 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
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424