Truck Ins. Exchange v. County of Los Angeles (2002)

TRUCK INSURANCE EXCHANGE, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES, Defendant and Respondent.

[Modification of opinion (95 Cal.App.4th 13).]

THE COURT.

It is ordered that the opinion filed herein on January 9, 2002, be modified as follows:

1. On page 19 [95 Cal. App. 4th 27, advance report, 2s par., last line], line 9, the sentence "We therefore hold that Truck is entitled to subrogation against County." is deleted and replaced by the following language: "We therefore conclude that Truck has established a right of subrogation against County subject to any applicable defenses that County may have."

2. On page 19 [95 Cal. App. 4th 27, advance report, last par.], the following language is inserted at the end of the final paragraph: "In light of that factual dispute, we need not decide whether other defenses asserted by County and argued in opposition to Truck's motion for summary judgment preclude summary judgment for Truck."

There is no change in the judgment.

County's petition for rehearing is denied.