Ruling by
Richard D. FybelLower Court
Orange County Superior CourtLower Court Judge
Randall J. ShermanTrial 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/3Cite as
2020 DJDAR 12358Published
Nov. 23, 2020Filing Date
Nov. 20, 2020Opinion Type
ModificationDisposition 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.
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