Modification: Mosley v. Pacific Specialty Insurance Co.

JAMES MOSLEY et al.,

Plaintiffs and Appellants,

v.

PACIFIC SPECIALTY INSURANCE COMPANY,

Defendant and Respondent.

No. E071287

(Super. Ct. No. RIC1615549)

California Courts of Appeal

Fourth Appellate District

Division Two

Filed June 24, 2020

THE COURT:

The petitions for rehearing are denied. The opinion filed in this matter on May 25, 2020, is modified to read as follows:

On page 3, the first sentence is modified by deleting the word "judgment" and should read as follows:

We also affirm the trial court's order denying the Mosleys' motion for summary adjudication on the issue of whether PSIC properly denied coverage.

On page 3, the first full paragraph, second sentence is modified by deleting the words "Both of the," so that the sentence reads as follows:

James Mosley was named as the insured. . . . 

On page 4 and ending on page 5, the last paragraph is modified by deleting the word "judgment" and should read as follows:

In their opening brief, the Mosleys state they also appealed from the trial court's denial of their motion for summary adjudication. PSIC contends the Mosleys may not do so because they did not indicate they intended to appeal the denial of their motion for summary adjudication in their notice of appeal.

On page 5, the citation "see also Lytwyn v. Fry's Electronics, Inc. (2005) 126 Cal.App.4th 1455, 1469 ["[A] notice of appeal from an appealable order need not specify prior nonappealable rulings."]," is deleted.

On page 5 paragraph 2, the last sentence is modified by deleting the word "judgment" and should read as follows:

We therefore address the trial court's order granting PSIC's motion for summary judgment and its order denying the Mosleys' adjudication motion.

The last sentence on page 21 paragraph 2 is modified by deleting the word "judgment" and should read as follows:

We therefore reverse the trial court's order granting summary judgment to PSIC and affirm the trial court's order denying the Mosleys' motion for summary adjudication on the issue of whether PSIC properly denied coverage.

The last paragraph on page 21 should be deleted.

The Disposition on page 29, third sentence is modified by deleting the word "judgment," and should read as follows:

The trial court's order denying the Mosleys' motion for summary adjudication on the issue of whether PSIC properly denied coverage is otherwise affirmed. . . . 

Except for these modifications, the opinion remains unchanged. These modifications do not effect a change in the judgment.

CERTIFIED FOR PUBLICATION

CODRINGTON, Acting P.J.

I concur:

McKINSTER, J.

I would grant PSIC's petition and deny Mosley's petition.

MENETREZ, J.