Dobbas v. Vitas

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Filed 2/1/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) JAMES DOBBAS et al., C061494 Plaintiffs, (Super. Ct. No. SCV15662) v. MODIFICATION OF OPINION UPON DENIAL OF PETITION FOR REHEARING FRED VITAS et al., Defendants, CrossComplainants and Respondents; CALFARM INSURANCE COMPANY, Cross-Defendant and Respondent; AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, Movant and Appellant. THE COURT: The opinion of this court filed January 7, 2011, in the above entitled case is modified as follows: 1 1. On page 2, delete the last sentence of the first paragraph beginning with However, . 2. On page 4, 11th line down, insert a . after reimbursement and delete the rest of the sentence. 3. On page 4, second paragraph, take out the first sentence beginning with Where two . 4. On page 11, first full paragraph, change the last sentence to read as follows: This case differs in that American Guarantee seeks reimbursement not from the party that caused the loss it covered, but from another party that is alleged to have been contractually bound to procure insurance for the loss. 5. On page 16, delete the last paragraph, all of page 17, and the first partial paragraph on page 18, ending in settlement. As modified, the petition for rehearing is denied. modification does not effect a change in the judgment. BY THE COURT: RAYE , P. J. BLEASE , J. NICHOLSON , J. 2 This

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