Valencia v. Michaud (2000)

BERTHA VALENCIA, a Minor, etc., et al., Plaintiffs and Appellants, v. TERRY MICHAUD et al., Defendants and Respondents.

JUANA NUNEZ, Plaintiffs and Appellants, v. TERRY MICHAUD et al., Defendants and Respondents.

[Modification of Opinion (79 Cal.App.4th 741) on denial of petition for rehearing.]

THE COURT.- The opinion filed March 31, 2000, is ordered modified as follows:

Footnote 8, on page 16 [79 Cal. App. 4th 457, advance report] is changed to read in full as follows: "We wish to be clear that our conclusion a duty exists is based on the facts that were presented in the parties' separate statements of material facts and left undisputed by the responses thereto. Nothing in this opinion should be understood to preclude the trial court from revisiting the issue based upon facts that may come before it on remand."

This modification does not effect a change in the judgment.

The petition for rehearing and request for depublication are denied.