Jogani v. Jogani

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Filed 7/27/06 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE SHASHIKANT JOGANI, Plaintiff and Appellant, B181246 (Los Angeles County Super. Ct. No. BC290553) v. HARESH JOGANI et al., Defendants and Respondents. ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] \ THE COURT: It is ordered that the opinion filed herein on July 10, 2006, be modified as follows: On page 23, at the end of the first full sentence ( In short, Shashi did not successfully assert his prior position. ), add a new footnote 4, which reads: 4 We do not decide whether the settlements in Cappucci or Weyerhauser constitute prior success because the parties have not raised that issue on appeal. The subsequent footnote will have to be renumbered. There is no change in the judgment. Respondents petition for rehearing is denied. CERTIFIED FOR PUBLICATION. ________________________________________________________________________ SPENCER, P. J. MALLANO, J. ASHMANN-GERST, J.* * Associate Justice of the Court of Appeal, Second Appellate District, Division Two, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

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