Gonsalves v. Conesco Ins. Co.
Filed 4/6/07 Gonsalves v. Conesco Ins. Co. CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Placer)
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VICTOR A. GONSALVES, Plaintiff and Appellant, v. CONSECO INSURANCE COMPANY, Defendant and Respondent. | C052351 (Super. Ct. No. SCV14388) ORDER MODIFYING OPINION, DENYING REQUEST FOR PUBLICATION OF OPINION, AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on March 12, 2007, be modified as follows:
1. On page 2, the second sentence, beginning with The trial court sustained defendants demurrer, is deleted and the following sentence is inserted in its place:
At a hearing on July 19, 2005, the court sustained defendants demurrer to various causes of action and overruled it as to others. The court granted plaintiffs request for 20 days in which to file an amended complaint.
2. On page 2, immediately following the fourth sentence, which reads Plaintiff did not file a second amended complaint within 20 days, the following footnote is added:
As discussed later in this opinion, plaintiff attempted to file a second amended complaint on August 9, 2005. The complaint was rejected as untimely, though plaintiff asserts the rejection was in error.
There is no change in the judgment.
Plaintiffs request for publication of the opinion is denied.
Plaintiffs petition for rehearing is denied.
BY THE COURT:
RAYE , Acting P.J.
MORRISON , J.
ROBIE , J.
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