PACIFICA COMPANIES LLC v. PATEL

No. D066885.

PACIFICA COMPANIES LLC et al., Plaintiffs, Cross-defendants and Appellants, v. SHAILESH "SUNNY" PATEL et al., Defendants, Cross-complainants and Appellants, CHHATRALA INDIA HOTEL GROUPS et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

ORDER MODIFYING OPINION AND DENYING REHEARING

CHANGE IN JUDGMENT

McCONNELL, P.J.

THE COURT:

It is ordered that the opinion filed herein on July 14, 2017, is modified as follows:

1. On page 3, the last sentence of the first paragraph beginning "Accordingly, we affirm" is deleted and the following sentence is inserted in its place:

Accordingly, we affirm the judgment, but reverse the order denying attorney fees and remand with directions to determine and award reasonable attorney fees to all defendants along with reasonable attorney fees and costs incurred in this appeal. Footnote 2 remains at the end of the sentence and is unchanged.

2. On page 14, the third sentence of the first full paragraph beginning "Pacific did not" is deleted.

3. On page 16, the last two sentences of the second paragraph beginning "Pacific did not" are deleted and the following sentence is inserted in their place:

Because the trial court has not yet exercised its discretion to determine the reasonableness of the requested fees, we remand the matter to the court with directions to determine and award the defendants reasonable attorney fees together with reasonable attorney fees and costs incurred on appeal. (Security Pacific National Bank v. Adamo (1983) 142 Cal.App.3d 492, 498.)

4. On page 17, the last sentence of the disposition is deleted and the following sentence is inserted in its place:

The matter is remanded to the trial court with directions to determine and award reasonable attorney fees to the defendants along with reasonable attorney fees and costs incurred on appeal.

This modification changes the judgment.

The petition for rehearing is denied.


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