Rappaport v. Gelfand

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Filed 8/8/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE JERRY RAPPAPORT, Plaintiff and Respondent, B213618 (Los Angeles County Super. Ct. No. SC092179) v. MARVIN GELFAND et al., ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] Defendants and Appellants. THE COURT: The opinion filed in this cause on July 28, 2011, is modified as follows: 1. On page 10, line 8, replace 66.6 with 66 2/3 so the sentence reads: Kelley, for Rappaport, opined the buyout value of the uncollected Waksberg litigation fees of $1,289,339 as of October 31, 2005, at 66 2/3 percent of their value, or $859,559, of which Rappaport was entitled to 31 percent, or $266,463. 2. On page 11, line 5, replace 66.6 with 66 2/3 so the sentence reads: Although the trial court found value in the Waksberg litigation receivable, it found no evidentiary basis for Kelley s conclusion that the buyout price for the receivable was 66 2/3 percent of total fees as of October 31, 2005. 3. On page 11, line 8, replace 33.3 with 33 1/3 so the sentence reads: Because the evidence did support the conclusion that the Waksberg litigation receivable had value but did not support the specific valuations assigned by the competing experts, the trial court adopted the mean value of the receivable, that is, 33 1/3 percent of $1,289,339, or $429,779.66. There is no change in judgment.

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