Hicks v. Kaufman & Broad Home Corp. (2001)

[Modification fn. * of Opinion (89 Cal. App. 4th 908; 107 Cal.Rptr.2d 761).]

ROBIN HICKS et al., Plaintiffs and Appellants, v. KAUFMAN AND BROAD HOME CORP. et al., Defendants and Respondents.

THE COURT.- fn. †

It is ordered that the opinion filed herein on June 6, 2001, be modified as follows:

1. On page 5, following the quotation at lines 6-7 [89 Cal. App. 4th 915, advance report, line 7], insert new footnote numbered 10 (with all subsequent footnotes to be renumbered) and add the citation:

Block, supra, 65 Cal.App.4th at p. 541.

2. On page 13, following the quotation at lines 1-3 [89 Cal. App. 4th 920, advance report, 2d par., last line], insert new footnote numbered 39 (with all subsequent footnotes to be renumbered) and add the citation:

Khan, supra, 217 Cal.App.4th at p. 854, footnote omitted.

These modifications do not effect a change in the judgment.

The respondents' petition for rehearing is denied.

WOODS, J.- I agree with the modification but would grant the petition for rehearing.

FN *. This modification requires movement of text affecting pages 915-927 in the bound volume report.

FN †. Before Johnson, Acting P.J., Woods, J. and Boland, J. fn. ‡,

FN ‡. Judge of the Los Angeles County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.