February 9, 2015
GRAND PROSPECT PARTNERS, L.P., Plaintiff, Cross-Defendant and Respondent,
ROSS DRESS FOR LESS, INC. et al., Defendants, Cross-Complainants and Appellants.
[CERTIFIED FOR PARTIAL PUBLICATION
IT IS ORDERED that the opinion filed herein on January 12, 2015,
232 Cal.App.4th 1332;___ Cal.Rptr.3d ___, be modified as follows and the petition for rehearing is DENIED:
1. On page 41 [232 Cal.App.4th 1368, advance report, before the Disposition, in the now unpublished portion of the opinion], after the first full paragraph, but before the Disposition, the following nonpublished section and paragraphs that follow are inserted:
VI. Additional Issues[*]
2. On page 41 [232 Cal.App.4th 1368, advance report, 1st and 2d full pars.] the entire two paragraphs of the Disposition are deleted and the following two paragraphs are inserted in their place.
The amended judgment filed April 18, 2013, is modified such that the reference to “the sum of $3, 785, 714.86” shall be reduced to “the sum of $672, 100.00” and the matter is remanded for further proceedings in accord with this opinion regarding the award of attorney fees. After those proceedings, the trial court shall make appropriate modifications, including replacing the amended judgment’s reference to “a total award of $4, 701, 990.83” with an amount that reflects the damage award of $672, 100 plus the attorney fees awarded by the trial court on remand.
The parties shall bear their own costs on appeal.
This modification changes the judgment.
Respondent’s petition for rehearing filed on January 27, 2015 is denied. Appellant’s petition for rehearing filed on January 28, 2015 is denied.