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RICHTER v. AETNA LIFE INS. & ANNUITY CO.

No. B154298.

117 Cal.Rptr.2d 737 (2002)

96 Cal.App.4th 1143

Maxine R. RICHTER, Plaintiff and Appellant, v. AETNA LIFE INSURANCE AND ANNUITY COMPANY et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Five.

March 14, 2002.

Attorney(s) appearing for the Case

GianeIli & Morris, Robert S. Gianelli, Los Angeles, and Sherril Nell Babcock for Plaintiff and Appellant.

Barger & Wolen, Martin E. Rosen, Los Angeles, Bruce A. Berman, and Jason Orlandi, Sherman Oaks, for Defendants and Respondents.

TURNER, P.J.

Plaintiff, Maxine R. Richter, has moved to dismiss the January 16, 2002, protective cross-appeal of defendants, Aetna Life Insurance and Annuity Company and Mutual of Omaha. The resolution of the dismissal motion is controlled by new rule 3(e)(2) of the California Rules of Court, which was effective January 1, 2002. We deny the dismissal motion.

On November 1, 2001, plaintiff filed a notice of appeal from portions of the September 4, 2001, judgment...

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