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Modification: Cornerstone Realty Advisors, LLC v. Summit Healthcare

Ruling by

Richard D. Fybel

Lower Court

Orange County Superior Court

Lower Court Judge

Randall J. Sherman

Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process.





Court

California Courts of Appeal 4DCA/3

Cite as

2020 DJDAR 12358

Published

Nov. 23, 2020

Filing Date

Nov. 20, 2020

Opinion Type

Modification

Disposition Type

Reversed


 

CORNERSTONE REALTY ADVISORS LLC et al.,

Plaintiffs and Respondents,

v.

SUMMIT HEALTHCARE REIT, INC., et al.

Defendants and Appellants;

 

WINGET SPADAFORA & SCHWARTZBERG, LLP,

Objector and Respondent.

 

 

No. G057176

(Super. Ct. No. 30-2014-00714004)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed November 20, 2020

 

ORDER MODIFYING OPINION AND DENYING MOTION FOR LEAVE TO INTERVENE; NO CHANGE IN JUDGMENT

 

It is ordered that the opinion filed herein on October 28, 2020 be modified as follows:

 

1. On page 9, delete the heading "False Declaration" to subpart C. and replace it with "Nuutinen Declaration."

 

2. On page 9, fourth full paragraph, delete the sentence "Nuutinen made false statements in his declaration."

 

3. On page 9, fourth full paragraph, third sentence, delete "The truth" and replace it with "This

information" so that the sentence reads:

 

This information was learned in the deposition of the person whom Plaintiffs had designated as most knowledgeable---Terry Roussel, the founder and majority owner of both CRA and CVI.

The modifications do not change the judgment.

 

The motion by Arto J. Nuutinen for leave to intervene to request modification and/or depublication of opinion is denied.

 

 

FYBEL, J.

 

WE CONCUR:

ARONSON, ACTING P. J.

THOMPSON, J.

 

#276386

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