Modification: Felczer v. Apple

BRANDON FELCZER et al.,

Plaintiffs and Appellants,

v.

APPLE, INC.,

Defendant and Respondent.

No. D077314

(Super. Ct. No. 37-2011-00102593-

CU-OC-CTL)

California Courts of Appeal

Fourth Appellate District

Division One

Filed May 24, 2021

ORDER MODIFYING OPINION

NO CHANGE IN JUDGMENT

THE COURT:

On the court's own motion, it is ordered that the opinion filed on April 23, 2021 be modified on page 2 at the end of "FACTUAL AND PROCEDURAL BACKGROUND," to add as footnote 1 the following, which will require renumbering of all subsequent footnotes:

1 Although Hogue & Belong, the law firm that represented plaintiffs in the trial court, was added as a party to the notice of appeal and treated as such by appellate counsel, the firm is not a party in this case. Only parties of record may appeal. (County of Alameda v. Carleson (1971) 5 Cal.3d 730, 736.) "A party of record is a person named as a party to the proceedings or one who takes appropriate steps to become a party of record in the proceedings." (In re Miguel E. (2004) 120 Cal.App.4th 521, 539.) In order to become a party, Hogue & Belong could have petitioned the trial court for leave to intervene (Code Civ. Proc., § 387) or moved to vacate the judgment to vindicate their interests after the court's orders. (Carleson, at p. 736; Code Civ. Proc., § 663.) The firm took neither of these steps.

There is no change in judgment.

HALLER, Acting P. J.

Copies to: All parties