Eversole v. Fitzsimmons
Filed 8/24/06 Eversole v. Fitzsimmons CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Placer)
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| ROBERT EVERSOLE, Plaintiff and Appellant, v. STEPHEN FITZSIMMONS et al., Defendants and Respondents. | C051059
(Super. Ct. Nos. SCV14288 & SCV17720)
ORDER MODIFYING JUDGMENT [CHANGE IN JUDGMENT]
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THE COURT:
It is ordered that the opinion filed herein on August 21, 2006, be modified as follows:
Delete the second full paragraph on page nine and replace with the following paragraph:
We find that this appeal has been prosecuted for an improper motive, to harass the Fitzsimmonses or delay. We will order Eversole, and his attorney, to pay to the Fitzsimmonses, as sanctions for a frivolous appeal, the sum of $2,500 and, as further sanctions, to pay to this court the sum of $2,500 to reimburse this court for the time and expense of processing the frivolous appeal. (Johnson v. Lewis (2004) 120 Cal.App.4th 443, 458; Bach v. County of Butte (1989) 215 Cal.App.3d 294, 312-313.) This opinion shall constitute a statement of reasons for imposing the aforementioned sanctions.
On pages nine and ten, delete the paragraph after the section entitled â€
