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Modification: Skaff v. Rio Nido Roadhouse

Ruling by

Gabriel P. Sanchez

Lower Court

Sonoma County Superior Court

Lower Court Judge

Allan D. Hardcastle
Plaintiff could not be awarded attorney fees under catalyst theory because claim on which it was based was objectively without legal merit.



Court

California Courts of Appeal 1DCA/1

Cite as

2020 DJDAR 11289

Published

Oct. 21, 2020

Filing Date

Oct. 20, 2020

Opinion Type

Modification

Disposition Type

Reversed


RICHARD SKAFF,

Plaintiff and Appellant,

v.

RIO NIDO ROADHOUSE,

Defendant and Appellant.

 

No. A152462, A153606

(Sonoma County Super. Ct. No. SCV-254094)

California Courts of Appeal

First Appellate District

Division One

Filed October 20, 2020

 

BY THE COURT:

It is ordered that the published opinion filed herein on October 5, 2020, be modified as follows:

On page 5, second paragraph, at the end of the second sentence, the words "and entrance" should not be bolded.

On page 15, in the second paragraph under section II of the Discussion, third sentence, the word "successful" is added between the words "Plaintiff's" and "injunction," so that the sentence reads: "Plaintiff's successful injunctive relief claim, however, was premised on violation of section 19955, not the ADA."

This modification does not change the judgment.

The petition for rehearing is denied.

 

 

Humes, P.J.

#276218

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