Yu v. Signet Bank
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Filed 11/25/02 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR WILLIAM YU et al., A094519 Plaintiffs and Respondents, v. (Alameda County Super. Ct. No. H-184674-8) SIGNET BANK/VIRGINIA et al., Defendants and Appellants. WILLIAM YU et al., A095102 Plaintiffs and Appellants, v. (Alameda County Super. Ct. No. H-184674-8) SIGNET BANK/VIRGINIA et al., Defendants and Respondents. ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed October 30, 2002, be modified as follows: 1. On page 2, the first sentence of the second paragraph that begins, The Yus filed this class action suit against Signet . . . is modified to begin: The Yus filed this suit as a class action against Signet . . . 2. On page 9, at the end of the second full paragraph, after the sentence that reads: Nor are we persuaded by any of Banks authorities, which do not remotely consider the question, that creditors have a First Amendment right or other privilege to commit distant forum abuse, the following footnote is added as footnote 2, with the subsequent footnote renumbered accordingly: 2 This observation also applies to the decision in Wilson v. Parker, Covert & Chidester (2002) 28 Cal.4th 811, which is cited in Banks petitions for rehearing. 1 3. On page 21, the third paragraph that reads, Thus, Banks have not established that the Yus cannot recover any damages, is modified to read: Thus, Banks argument that the Yus cannot recover any damages fails. These modifications do not change the judgment. The petitions for rehearing are denied. 2 Trial Court: Alameda County Superior Court Trial Judge: Honorable Barbara J. Miller Counsel for Defendants/Appellants: (A094519) Morrison & Foerster LLP James F. McCabe Gregory O. Dresser James R. McGuire Counsel for Plaintiffs/Respondents: The Sturdevant Law Firm James C. Sturdevant Mark T. Johnson Law Office of William E. Kennedy William E. Kennedy Counsel for Plaintiffs/Appellants: (A095102) The Sturdevant Law Firm James C. Sturdevant Law Office of William E. Kennedy William E. Kennedy Counsel for Defendants/Respondents: Morrison & Foerster LLP James F. McCabe Gregory P. Dresser James R. McGuire 3
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