California Court of Appeals, Fourth District, Third Division
May 20, 2014
MEGA RV CORPORATION, Cross-complainant, Cross-defendant and Appellant,
HWH CORPORATION, Cross-defendant, Cross-complainant and Respondent.
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.