Chen v. Interinsurance Exchange
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Filed 7/21/08 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT PO-JEN CHEN et al, Plaintiffs and Appellants, B194345 (Los Angeles County Super. Ct. No. BC 315469) v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, Defendant and Respondent. ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [CHANGE IN JUDGMENT] THE COURT*: The opinion herein, filed on June 19, 2008, is modified as follows: The first sentence in the Disposition reads: The trial court is directed to vacate its costs award to respondent, and to recalculate appellants costs award as a prevailing party without regard to respondent s 998 offer to settle. Is replaced with the following: The trial court is directed to vacate its costs award to respondent, to permit appellants to file a new Memorandum of Costs, and to recalculate appellants costs award as prevailing parties without regard to respondent s 998 offer to settle. There is a change in judgment. The petition for rehearing is denied. _________________________________________________________________ COOPER, P. J. RUBIN, J. FLIER, J.
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