THEOFEL v. FAREY-JONES

Nos. 02-15742, 03-15301.

359 F.3d 1066 (2004)

George THEOFEL; Howard Teig; David Kelley; Integrated Capital Associates, Inc., A Delaware Corporation; Nancy Rilett; Ryan Tam; Claudia English; Teresa Patterson; Tanya Young; Roberto Marsella; Regina Ovenden; Emil Pesiri; Eric Sullivan; Douglas H. Wolf; Richard Buckingham, Plaintiffs-Appellants, v. Alwyn FAREY-JONES; Iryna A. Kwasny, Defendants-Appellees. George Theofel; Howard Teig; David Kelley; Integrated Capital Associates, Inc., A Delaware Corporation; Nancy Rilett; Ryan Tam; Claudia English; Teresa Patterson; Tanya Young; Roberto Marsella; Regina Ovenden; Emil Pesiri; Eric Sullivan; Douglas H. Wolf; Richard Buckingham, Plaintiffs-Appellants, v. Alwyn Farey-Jones; Iryna A. Kwasny, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2003.

Amended February 17, 2004.


Attorney(s) appearing for the Case

Pamela Urueta, Kerr & Wagstaffe LLP, San Francisco, California, argued for appellants. James M. Wagstaffe, Kerr & Wagstaffe LLP, and Richard Idell and Jennifer Marone, Idell, Berman & Seitel, joined her on the brief.

Robert E. White, San Francisco, California, argued for appellees. Susan C. Rushakoff joined him on the brief.

Before: Betty B. FLETCHER, ALEX KOZINSKI and STEPHEN S. TROTT, Circuit Judges.


Argued and Submitted April 2, 2003 — San Francisco, California.

Opinion by Judge Kozinski.

ORDER AND AMENDED OPINION

ORDER

The opinion filed on August 28, 2003, 341 F.3d 978, shall be amended as follows.

Replace footnote 2, 341 F.3d at 984, with:

Prosser and Keeton say that a plaintiff's consent is probably invalid if the defendant "ought to have known in the exercise of reasonable...

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