Martin Bros. Construct. v. Thompson Pacific

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Filed 12/14/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- MARTIN BROTHERS CONSTRUCTION, INC., Plaintiff and Appellant, v. C058944 (Super. Ct. No. 04AS05182) THOMPSON PACIFIC CONSTRUCTION, INC. et al., ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] Defendants and Respondents. APPEAL from a judgment of the Superior Court of Sacramento County, Steven H. Rodda, Judge. Affirmed. Law Office of Anthony T. Caso, Anthony T. Caso; Nageley Meredith & Miller, Inc., Gregory Alan Meredith for Plaintiff and Appellant. Solan & Park, Kevin M. Solan, William L. Jacobson for Defendants and Respondents. THE COURT: It is hereby ordered that the opinion filed herein on December 4, 2009, be modified as follows: On page 11 in the text of footnote 3, please delete the following language, (150 percent of $499,340.49) and insert in its place the following new language, (the trial court erroneously calculated 150 percent of $499,340.49 as $749,340.49. The correct figure should be $749,010.74) 1 This modification does not effect a change in the judgment. BY THE COURT: SIMS , Acting P. J. RAYE , J. CANTIL-SAKAUYE , J. 2

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