Shipman v. Boething Treeland Farms, Inc. (2000)

[Change in Judgment]

TRENT SHIPMAN, Plaintiff and Appellant, v. BOETHING TREELAND FARMS, INC. et al., Defendants, Cross-complainants and Respondents, ROBERTO TAMAYO MARTINEZ, Defendant, Cross-Complainant and Appellant.

[Modification of opinion (77 Cal.App.4th 1424).] THE COURT.-It is ordered that the opinion filed herein on February 7, 2000, be modified in the following particulars:

1. On page 9, the last sentence in the last paragraph is changed so the sentence reads: Costs are awarded to respondents Boething Treeland Farms, Inc., the Boething Family Trust, and Roberto Tamayo Martinez. fn. 4

Add as footnote 4 the following:

FN 4. The opinion title is styled pursuant to the California Style Manual, which drops the designation "respondent" for parties who are both respondents and appellants in a given case due to the existence of a cross-appeal. (Cal. Style Manual (3d ed. 1986) § 201 et seq.) Thus, while Martinez is listed as "appellant" in the main opinion title due to his cross-appeal, he is nevertheless also a prevailing respondent in the original appeal.

There is a change in judgment.