Filed 10/17/07
IN THE SUPREME COURT OF CALIFORNIA
ERNEST CASTANEDA,
Plaintiff and Appellant,
S138104
v.
Ct.App.
4/1
D043383
GEORGE OLSHER et al.,
Imperial County
Super.
Ct.
No.
94275
Defendants and Respondents. )
___________________________________ ) MODIFICATION OF OPINION
THE COURT:
The opinion herein, appearing at 41 Cal.4th 1205, is modified as follows:
Delete footnote 3 on page 1217, renumbering all subsequent footnotes
sequentially.
The modification does not affect the judgment.
Opinion Information
| Date: | Docket Number: |
| Wed, 10/17/2007 | S138104M |
Parties
| 1 | Olsher, George (Defendant and Respondent) Represented by Kim Le Nguyen Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 2 | Olsher, George (Defendant and Respondent) Represented by Barry R. Levy Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 3 | Olsher, George (Defendant and Respondent) Represented by Bruce Lee Schechter Hollins Schechter 1851 E. First Street, 6th Floor Santa Ana, CA |
| 4 | P&G Enterprises (Defendant and Respondent) Represented by Bruce Lee Schechter Hollins Schechter 1851 E. First Street, 6th Floor Santa Ana, CA |
| 5 | Castaneda, Ernest (Plaintiff and Appellant) Represented by Lowell F. Sutherland Sutherland & Gerber 1443 W. Main Street El Centro, CA |
| 6 | California Apartment Association (Amicus curiae) Represented by Heidi Palutke California Apartment Association 980 Ninth Street, Suite 2150 Sacramento, CA |
| 7 | Western Manufactured Housing Communities Association (Amicus curiae) Represented by Elliot L. Bien Bien & Summers LLP 23 Palomino Road Novato, CA |
| 8 | Western Manufactured Housing Communities Association (Amicus curiae) Represented by E. Elizabeth Summers Bien & Summers 23 Palomino Road Novato, CA |
| 9 | Civil Justice Association Of California (Amicus curiae) Represented by Fred James Hiestand Attorney at Law 1121 "L" Street, Suite 404 Sacramento, CA |
| 10 | Pacific Legal Foundation (Amicus curiae) Represented by Deborah Joyce Lafetra Pacific Legal Foundation 3900 Lennane Drive, Suite 200 Sacramento, CA |
| Disposition | |
| Jul 30 2007 | Opinion: Reversed |
| Dockets | |
| Oct 18 2005 | Petition for review filed by attorneys for defendants/respondents (George Olsher dba P&G Enterprises et al) |
| Oct 19 2005 | Record requested |
| Nov 3 2005 | Filed: errata from Respondent ( Olsher) re: petition for review. |
| Nov 7 2005 | 2nd record request |
| Nov 8 2005 | Received Court of Appeal record one box |
| Nov 9 2005 | Answer to petition for review filed appellant [CASTANEDA] |
| Nov 15 2005 | Reply to answer to petition filed Respondent (George Olsher, et al) by counsel. |
| Dec 13 2005 | Time extended to grant or deny review To January 13, 2006. |
| Jan 4 2006 | Petition for review granted (civil case) Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, and Moreno, JJ. |
| Jan 4 2006 | Letter sent to: Counsel re certification of interested entities or persons. |
| Jan 19 2006 | Certification of interested entities or persons filed Ernest Castaneda, appellant Lowell F. Sutherland, counsel |
| Jan 19 2006 | Certification of interested entities or persons filed Kim L. Nguyen, Counsel |
| Jan 19 2006 | Request for extension of time filed 30 day extension to March 6, 2006 to file Opening Brief on the Merits. |
| Jan 19 2006 | Extension of time granted 30 day extension to March 6, 2006 to file Opening Brief on the Merits. |
| Mar 7 2006 | Opening brief on the merits filed George Olsher, et al., Respondents / CRC 40.1(b) by Kim L. Nguyen, counsel |
| Apr 5 2006 | Answer brief on the merits filed Ernest Castaneda, appellant Lowell F. Sutherland, counsel |
| Apr 11 2006 | Request for extension of time filed for respondents to file the reply brief on the merits, to 5/25/06. |
| Apr 13 2006 | Extension of time granted to May 25, 2006. George Olsher, Paule Olsher, and P&G Enterprises |
| May 25 2006 | Reply brief filed (case fully briefed) George Olsher et al., Respondents by Kim L. Nguyen, counsel |
| Jun 22 2006 | Received application to file Amicus Curiae Brief Pacific Legal Foundation in support of defendants and respondents. |
| Jun 23 2006 | Received application to file Amicus Curiae Brief The California Apartment Association in support of respondent. Heidi Palutke, Counsel |
| Jun 23 2006 | Permission to file amicus curiae brief granted Pacific Legal Foundation in support of defendants and respondents. |
| Jun 23 2006 | Amicus curiae brief filed Pacific Legal Foundation in support of defendants and respondents. |
| Jun 26 2006 | Received application to file Amicus Curiae Brief Western Manufactured Housing Communities Association in support of defendants and respondents. Elliot L. Bien, Counsel |
| Jun 27 2006 | Received application to file Amicus Curiae Brief The Civil Justice Association of California in support of defendants and respondents. Fred J. Hiestand, Counsel (CRC 40.1) |
| Jul 3 2006 | Permission to file amicus curiae brief granted The California Apartment Association in support of respondent. Heidi Palutke, Counsel |
| Jul 3 2006 | Amicus curiae brief filed The California Apartment Association in support of respondent. Heidi Palutke, Counsel |
| Jul 3 2006 | Permission to file amicus curiae brief granted Western Manufactured Housing Communities Association in support of defendants and respondents. Elliot L. Bien, Counsel |
| Jul 3 2006 | Amicus curiae brief filed Western Manufactured Housing Communities Association in support of defendants and respondents. Elliot L. Bien, Counsel |
| Jul 3 2006 | Permission to file amicus curiae brief granted The Civil Justice Association of California in support of defendants and respondents. Fred J. Hiestand, Counsel |
| Jul 3 2006 | Amicus curiae brief filed The Civil Justice Association of California in support of defendants and respondents. Fred J. Hiestand, Counsel |
| Jul 13 2006 | Response to amicus curiae brief filed by Ernest Castaneda, appellant to a/c brief of Pacific Legal Foundation Lowell F. Sutherland, counsel |
| Jul 18 2006 | Motion filed (non-AA) to order compelling Superior Court to transfer exhibits and for order that said exhibits be made a part of the record on appeal. |
| Jul 21 2006 | Response to amicus curiae brief filed Amicus Curiae: Califonira Apartment Association Ernest Castaneda, Appellant Lowell F. Sutherland, Counsel |
| Jul 21 2006 | Response to amicus curiae brief filed Amicus Curiae: Western Manufactured Housing Communities Association Ernest Castaneda, Appellant Lowell F. Sutherland, Counsel |
| Jul 21 2006 | Response to amicus curiae brief filed Amicus Curiae: Civil Justice Association of California Ernest Castaneda, Appellant Lowell F. Sutherland, Counsel |
| Apr 3 2007 | Case ordered on calendar to be argued Wednesday, May 2, 2007, at 9:00 a.m., in San Francisco |
| May 2 2007 | Cause argued and submitted |
| Jul 27 2007 | Notice of forthcoming opinion posted |
| Jul 30 2007 | Opinion filed: Judgment reversed -----Opinion by: Werdegar -----Joined by: George, C.J., Baxter, Chin, Moreno, Corrigan, J.J. -----Concurring and Dissenting Opinion by: Kennard, J. |
| Aug 14 2007 | Rehearing petition filed Ernest Castaneda, Appellant Attorney Lowell F. Sutherland |
| Aug 23 2007 | Time extended to consider modification or rehearing The time for granting or denying rehearing in the above-entittled case is hereby extended to and including October 26, 2007, or the date upon which rehearing is either granted or denied, whichever occurs first. |
| Oct 15 2007 | Request for modification of opinion filed Alejandro Portales, Counsel |
| Oct 17 2007 | Received: Proof of Service for request for modification of opinion. Alejandro Portales, Counsel |
| Oct 17 2007 | Opinion modified - no change in judgment |
| Oct 17 2007 | Rehearing denied the request for modification is granted. George, C.J., was absent and did not participate Kennard, J., is of the opinion the petition should be granted. |
| Oct 17 2007 | Remittitur issued (civil case) |
| Nov 20 2007 | Returned record 3 doghouses returned to CA4 Div. 1 1 box of exhibits - shipped back to Imperial County Superior Court via UPS Ground on Tuesday, 11/27/07 |
| Briefs | |
| Mar 7 2006 | Opening brief on the merits filed |
| Apr 5 2006 | Answer brief on the merits filed |
| May 25 2006 | Reply brief filed (case fully briefed) |
| Jun 23 2006 | Amicus curiae brief filed |
| Jul 3 2006 | Amicus curiae brief filed |
| Jul 3 2006 | Amicus curiae brief filed |
| Jul 3 2006 | Amicus curiae brief filed |
| Jul 13 2006 | Response to amicus curiae brief filed |
| Jul 21 2006 | Response to amicus curiae brief filed |
| Jul 21 2006 | Response to amicus curiae brief filed |
| Jul 21 2006 | Response to amicus curiae brief filed |
