Stanford Law School - Robert Crown Law Library

Filed 12/17/08

IN THE SUPREME COURT OF CALIFORNIA

CRISTINA VASQUEZ,
)

Plaintiff and Respondent,
S143710
v.
Ct.App.
4/1
D045592
STATE OF CALIFORNIA,
San
Diego
County
Defendant and Appellant.
Super. Ct. No. GIC 740832

MODIFICATION OF OPINION

THE COURT:
On the court’s own motion, the opinion herein filed November 20, 2008,
and published at 45 Cal.4th 243, is modified as follows:
On page 252 of 45 Cal.4th, the sentence beginning, “For example, a
plaintiff suing under the Consumers Legal Remedies Act,” is modified to read as
follows:
For example, a plaintiff under the Consumers Legal Remedies Act (Civ.
Code, § 1750 et seq.) must notify the defendant of the particular violations
alleged and demand correction, repair, replacement, or other remedy at least
30 days before commencing an action for damages.
This modification does not affect the judgment.

---

Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: Does the rule that, in order to receive attorney fees under Code of Civil Procedure section 1021.5, the plaintiff must first reasonably attempt to settle the matter short of litigation, apply to this case? (See Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 557; Grimsley v. Board of Supervisors (1985) 169 Cal.App.3d 960, 966-967.)

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:	Cross Referenced Cases:
Wed, 12/17/2008	43 Cal.4th 243 original opinion 45 Cal.4th 308a modification	S143710M	Review - Civil Appeal	closed; remittitur issued	VASQUEZ v. STATE OF CALIFORNIA (S114640) VASQUEZ v. STATE OF CALIFORNIA (S153813) VASQUEZ v. STATE OF CALIFORNIA (S156793)

Disposition
Nov 20 2008	Opinion: Affirmed

Dockets
May 22 2006	Petition for review filed   State of California, Appellant by Martin N. Buchanan, counsel Filed in San Diego
May 25 2006	Received Court of Appeal record   One doghouse
Jun 8 2006	Received:   amended proof of service
Jun 12 2006	Answer to petition for review filed   respondent, Cristina Vasquez
Jul 20 2006	Time extended to grant or deny review   to 8-18-06
Aug 16 2006	Petition for review granted; issues limited (civil case)   Petition for review GRANTED. The issue to be briefed and argued are limited to the following: Does the rule that, in order to receive attorney fees under Code of Civil Procedure section 1021.5, the plaintiff must first reasonably attempt to settle the matter short of litigation, apply to this case? (See Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 557; Grimsley v. Board of Supervisors (1985) 169 Cal.App.3d 960, 966-967.) Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ.
Aug 28 2006	Certification of interested entities or persons filed   counsel for aplt. (State of Calif)
Aug 30 2006	Certification of interested entities or persons filed   counsel for resp. (Vasquez)
Aug 30 2006	Association of attorneys filed for:   Robert S. Gerstein for respondent Cristina Vasquez
Sep 13 2006	Opening brief on the merits filed   Appellant, State of California by counsel, Martin N. Buchanan.
Oct 10 2006	Request for extension of time filed   Respondent Cristina Vasquez to file Answer Brief/Merits [30 days] to November 13, 2006
Oct 12 2006	Extension of time granted   to and including November 13, 2006 to file respondent's answer brief on the merits.
Oct 23 2006	Request for extension of time filed   respondent's Answer Brief/Merits to 12-13-06
Oct 23 2006	Association of attorneys filed for:   Michael Rubin and Altshuler, Berzon, Nussbaum, Rubin & Demain respondent Cristina Vasquez
Nov 9 2006	Extension of time granted   On application of respondent and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including December 13, 2006. No further extensions are contemplated.
Dec 13 2006	Application filed to:   exceed the word limit of The Answer Brief/Merits respondent Cristina Vasquez [submitted with brief]
Dec 13 2006	Motion to dismiss filed (non-AA)   respondent Cristina Vasquez attorney Robert Berke
Dec 19 2006	Answer brief on the merits filed   counsel for respondent w/permission
Dec 27 2006	Request for extension of time filed   Counsel for aplt. requests extension of time to 1-8-07 to file the Opposition to Motion to Dismiss Review.
Jan 2 2007	Extension of time granted   Appellant's time to serve and file the opposition to motion to dismiss is extended to and including January 8, 2007.
Jan 5 2007	Opposition filed   counsel for aplt. to Motion to Dismiss Review w/Declaration of Robert F. Helfland
Jan 5 2007	Application to file over-length brief filed   counsel for appellant State of Calif.
Jan 5 2007	Received:   Oversized Reply Brief on the Merits, counsel for aplt. State of Calif.
Jan 9 2007	Reply brief filed (case fully briefed)   w/permission counsel for appellant (State of Calif.)
Jan 23 2007	Application filed to:   File Reply Memorandum in Support of Plf-Resp.'s Motion to Dismiss Review by counsel for respondent (Vasquez)
Jan 23 2007	Received:   counsel for resp. Reply in support of Motion to Dismiss.
Jan 23 2007	Received:   from counsels for resp. (Vasquez) Declarations of Della Bahan, Robert Berke, Janet Herold, Joseph A. Pertel, Robert L. Shipley in support of Motion to Dismiss Review as Improvidently Granted.
Jan 25 2007	Filed:   by counsel for resp. Reply in Support of Motion to Dismiss Review as Improvidently granted w/permission.
Jan 30 2007	Change of contact information filed for:   counsel for plf/resp. (Vasquez) to Altshuler Berzon, LLP
Feb 2 2007	Opposition filed   by counsel for respondent to appellant's Request for Judicial Notice.
Feb 6 2007	Filed:   counsel for State of Calif. amended Declaration of Service.
Feb 6 2007	Amicus curiae brief filed   by Attorney General, Edmund G. Brown, Jr. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Feb 7 2007	Received application to file Amicus Curiae Brief   The Impact Fund, et al in support of plf./resp. (Vasquez)
Feb 7 2007	Received application to file Amicus Curiae Brief   Pacific Legal Foundation in support of plf/resp.
Feb 7 2007	Received application to file Amicus Curiae Brief   League of California Cities et al., in support of appellant.
Feb 8 2007	Received application to file Amicus Curiae Brief   Los Angeles County Bar Association in support of respondent.
Feb 15 2007	Permission to file amicus curiae brief granted   Pacific Legal Foundation in support of respondent.
Feb 15 2007	Amicus curiae brief filed   Pacific Legal Foundation in support of respondent, Cristina Vasquez, is hereby granted. An answer thereto may be served and filed by any party within 20 days of the filing of the brief.
Feb 15 2007	Permission to file amicus curiae brief granted   League of California Cities and the California State Association of Counties in support of appellant.
Feb 15 2007	Amicus curiae brief filed   League of California Cities and the California Association of Counties in support of appellant. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Feb 15 2007	Permission to file amicus curiae brief granted   Los Angeles County Bar Association in support of respondent.
Feb 15 2007	Amicus curiae brief filed   Los Angeles County Bar Association in support of respondent. An answer thereto may be served and filed by any party within 20 days of the filing of the brief.
Feb 15 2007	Permission to file amicus curiae brief granted   The Impact Fund, et al., in support of respondent
Feb 15 2007	Amicus curiae brief filed   The Impact Fund, et al., in support of appellant. An answer thereto may be served and filed by any party within 20 days of the filing of the brief.
Feb 27 2007	Response to amicus curiae brief filed   Respondent Cristina Vasquez responding to amicus brief of A.G. Edmund G. Brown Jr., and League of California Cities and California State Association.of Counties.
Mar 2 2007	Response to amicus curiae brief filed   counsel for aplt. State of Calif. to a/c brief of The Impact Fund, et al.
Apr 24 2007	Change of contact information filed for:   Law Offices of Robert S. Gerstein, counsel for Respondent Cristina Vasquez.
Apr 24 2007	Received:   from Law Offices of Robert S. Gerstein, letter advising court of his unavailability.
Jun 22 2007	Request for judicial notice filed (granted case)   Cristina Vasquez, Respondent Attorney Robert Berke
Jul 17 2007	Opposition filed   counsel for aplt. (State of Calif.) to Motion for Judicial Notice: Exhibits A-C
Jul 26 2007	Filed:   reply to opposition to request for judicial notice Cristina Vasquez, Respondent
Nov 9 2007	Filed letter from:   counsel for respondent Cristina Vasquez of recent Ninth Circuit decision [letter dated 11-7-2007]
Jun 4 2008	2nd record request   Remaining records,, Overnight Mail
Jun 6 2008	Received Court of Appeal record   3 boxes
Jul 30 2008	Case ordered on calendar   to be argued Wednesday, September 3, 2008, at 9:00 a.m., in San Francisco
Aug 4 2008	Motion to dismiss denied   Respondent's "Request for Judicial Notice," filed on June 22, 2007, is denied. Respondent's "Motion to Dismiss Review," filed on December 13, 2006, is denied.
Aug 5 2008	Change of contact information filed for:   counsel for amicus curiae League of Calif. Cities., new firm name Jarvis, Fay, Doporto & Gibson, LLP
Aug 8 2008	Request for judicial notice filed (granted case)   counsel for resp. Cristina Vasquez
Aug 12 2008	Opposition filed   counsel for aplt. State of California to Request for Judicial Notice.
Aug 13 2008	Received:   respondent Cristina Vasquez's document entitled: 'reply in support of request for judicial notice'
Aug 18 2008	Note: Mail returned and re-sent   Address for Robert Berke updated per telephone call (now noted on Party tab as 1717 Fourth Street, 3rd Floor, Santa Monica, CA 90401).
Aug 19 2008	Application filed   to divide oral argument time; two counsel for respondent Vasquez asking to split time 15 minutes/15 minutes.
Aug 21 2008	Order filed   The request of counsel for respondent in the above-referenced cause to allow two counsel to argue on behalf of respondent at oral argument is hereby granted. The request of respondent to allocate to counsel Michael Rubin 15 minutes and counsel Robert Berke 15 minutes of respondent's 30-minute allotted time for oral argument is granted.
Aug 22 2008	Filed:   counsel for resp. Notice of Supplemental Authorities.
Aug 27 2008	Request for judicial notice denied
Sep 3 2008	Cause argued and submitted
Nov 19 2008	Notice of forthcoming opinion posted
Nov 20 2008	Opinion filed: Judgment affirmed in full   OPINION BY: Werdegar, J. ----- joined by: George, C.J., Kennard, Baxter, Chin, Moreno, and Corrigan, JJ.
Dec 1 2008	Request for modification of opinion filed   The Sturdevant Law Firm (non-party) James Sturdevant, counsel
Dec 17 2008	Opinion modified - no change in judgment   THE COURT: On the court's own motion, the opinion herein filed November 20, 2008, and published at 45 Cal.4th 243, is modified as follows: On page 252 of 45 Cal.4th, the sentence beginning, "For example, a plaintiff suing under the Consumers Legal Remedies Act," is modified to read as follows: For example, a plaintiff under the Consumers Legal Remedies Act (Civ. Code, ? 1750 et seq.) must notify the defendant of the particular violations alleged and demand correction, repair, replacement, or other remedy at least 30 days before commencing an action for damages. This modification does not affect the judgment. Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno and Corrigan, JJ.
Dec 17 2008	Request for modification granted   The opinion is modified.
Dec 17 2008	Remittitur issued (civil case)
Dec 24 2008	Received:   receipt for remittitur from CA 4/1

Briefs
Sep 13 2006	Opening brief on the merits filed
Dec 19 2006	Answer brief on the merits filed
Jan 9 2007	Reply brief filed (case fully briefed)
Feb 6 2007	Amicus curiae brief filed
Feb 15 2007	Amicus curiae brief filed
Feb 15 2007	Amicus curiae brief filed
Feb 15 2007	Amicus curiae brief filed
Feb 15 2007	Amicus curiae brief filed
Feb 27 2007	Response to amicus curiae brief filed
Mar 2 2007	Response to amicus curiae brief filed

If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website