City of Hollister v. Monterey Ins.

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Filed 8/28/08 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT CITY OF HOLLISTER, Plaintiff and Respondent, H029296 (Monterey County Super. Ct. No. M65916) v. MONTEREY INSURANCE COMPANY, et al., ORDER MODIFYING OPINION AND DENYING REHEARING CHANGE IN JUDGMENT Defendants and Appellants. THE COURT: The petition by appellant Monterey Insurance Co. for clarification or rehearing, and the petition by respondent City of Hollister for rehearing or modification, are denied except that the opinion in No. H029296, filed July 29, 2008, is modified in the following respects: 1. On page 57, footnote 30, line 12, the last two sentences starting with In fact the policy and ending with fumes are to fire are deleted. 2. Under the heading DISPOSITION the first sentence commencing on page 72 with The judgment is and ending at the top of page 73 with Court has expired is modified to read as follows: The judgment is modified to provide that the 180 day period provided therein will begin to run when this court issues its remittitur. This modification changes the judgment. Appellants and respondent s petitions for rehearing are denied. Dated: ____________________________________ RUSHING, P.J. WE CONCUR: _________________________________ PREMO, J. _________________________________ ELIA, J. 2

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