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Mega RV Corporation v. HWH Corporation

California Court of Appeals, Fourth District, Third Division

May 20, 2014

MEGA RV CORPORATION, Cross-complainant, Cross-defendant and Appellant,
v.
HWH CORPORATION, Cross-defendant, Cross-complainant and Respondent.

THE COURT.—

IT IS ORDERED that the opinion filed herein on April 30, 2014, 225 Cal.App.4th 1318; ___ Cal.Rptr.3d ___ be modified as follows and the petition for rehearing is DENIED:

On page 26, line 8 [225 Cal.App.4th 1340, advance report, 1st par., line 5, before the sentence beginning with “We are unaware of any....” insert the following:

Like Sooy v. Peter, supra, 220 Cal.App.3d at pages 1311-1312, we disagree with the majority opinion in Manning v. Sifford (1980) 111 Cal.App.3d 7, 10-11 [168 Cal.Rptr. 387], wherein the court suggested it could award tort of another damages even if no tort duty existed.

The petition for rehearing is DENIED.

There is no change in the judgment.


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