Gonzalez v. Stone

Filed 7/23/07 Gonzalez v. Stone CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE COURT:

It is ordered that the opinion filed herein on June 21, 2007, be modified as follows:

1. On page 1, the last sentence in the first paragraph is deleted and the following sentence is inserted in its place:

"We reduce the award of costs, but otherwise affirm."

2. On page 9, the first paragraph is deleted and the following paragraph is inserted in its place:

"The Stones challenge the jury fees that the trial court awarded to the Gonzalezes. They argue that the Gonzalezes could have recovered those fees if they had filed a timely reimbursement request under Code of Civil Procedure section 631.3. We agree. The Stones also challenge the costs awarded to the Gonzalezes for the depositions of other defendants. The Gonzalezes contend the depositions were necessary to pursue litigation against the Stones, because Roy Stone never appeared for his deposition, and Robert Stone appeared but failed to bring all documents necessary to answer questions. Under the circumstances, the court properly awarded the challenged deposition costs to the Gonzalezes."

3. On page 9, the first sentence of the last paragraph is deleted and the following sentences are inserted in its place:

"We modify the judgment to reduce the cost award by $150. In all other respects, we affirm the judgment."

There is no change in the judgment.

Appellants' petition for rehearing is denied.

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