Modification: North American Title Company v. Superior Court (Cortina)

NORTH AMERICAN TITLE COMPANY et al.,

Petitioners,

v.

THE SUPERIOR COURT OF FRESNO COUNTY,

Respondent,

CAROLYN CORTINA et al.,

Real Parties in Interest.

No. F084913

(Super. Ct. No. 07CECG01169)

California Court of Appeal

Fifth Appellate District

Filed June 13, 2023

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the following modification be made to the published opinion filed herein on May 19, 2023:

1. On page 2, the third sentence of the first paragraph beginning with "At the time of the comments" is deleted and replaced with the following sentence:

"At the time of the comments, no judgment had been entered, and issues of fraudulent transfer, alter ego, or successor liability were never properly presented to the court, let alone ultimately decided."

2. On page 44, following the sentence "Rather, the statement was sufficient and the issue of disqualification should have been reviewed on the merits by another judge. (§ 170.3, subd. (c)(5).)," add as footnote 10 the following footnote, which will require renumbering of all subsequent footnotes:

"It was necessary to discuss the merits of petitioner's arguments of bias to determine the facial sufficiency of the statement of disqualification. To note, this holding is focused solely on the determination whether the statement for disqualification was facially sufficient. It is not, nor is it intended to be, an ultimate finding if disqualification is required under section 170.1, subdivision (a)(6)(A)(iii)."

There is no change in the judgment.

Real party in interests' petition for rehearing is denied.

SMITH, J.

WE CONCUR:

PEÑA, Acting P. J.

SNAUFFER, J.