[REVIEW GRANTED] Naegele v. R.J. Reynolds Tobacco Co. (2000)

JOSEPH NAEGELE, as Co-Trustee, etc., et al., Plaintiffs and Appellants, v. R.J. REYNOLDS TOBACCO COMPANY et al., Defendants and Respondents.

[No. A084371. First Dist., Div. One. July 7, 2000.]

RICHARD DONALDSON, Plaintiff and Appellant, v. R.J. REYNOLDS TOBACCO COMPANY et al., Defendants and Respondents.

[Modification fn. * of Opinion (81 Cal.App.4th 503) on denial of petition for rehearing.]

THE COURT.-

It is ordered that the opinion filed herein on June 9, 2000, be modified as follows:

1. On page 15, the second full paragraph [81 Cal. App. 4th 519, advance report, 1st full par.], beginning "To summarize," is deletedand the following paragraph is inserted in its place:

To summarize, we find nothing in the language or the legislative history of amended section 1714.45 to indicate that the Legislature intended retroactive application to causes of action that accrued before its effective date.

2. On page 17 [81 Cal. App. 4th 520, advance report], the first sentence under the heading entitled "CONCLUSION" is deleted and the following sentence inserted in its place: To summarize, we conclude that the Legislature did not intend amended section 1714.45 to apply to causes of action accruing before its effective date, January 1, 1998.

There is no change in the judgment.

Appellants' petition for rehearing is denied.

FN *. This modification requires movement of text affecting pages 519-520 of the bound volume report.