Ritchey v. Continental Ins.
Filed 3/15/07 Ritchey v. Continental Ins. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SIXTH APPELLATE DISTRICT
JOE RITCHEY, Plaintiff and Appellant, v. CONTINENTAL INSURANCE COMPANY, Defendant and Respondent. | H028576 (Santa Cruz County Super. Ct. No. 144170) ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN THE JUDGMENT |
THE COURT:
It is ordered that the opinion filed herein on February 13, 2007, be modified as follows:
1. On page 3, the first full paragraph, the second sentence, beginning He did not and ending with under certain circumstances is modified to read as follows:
The present record contains no transcript of the hearing on the motion, but in his memorandum in opposition, plaintiff did not rely on or allude to the rule of Armendariz v. Foundation Health Psychcare Services (2000) 24 Cal.4th 83 (Armendariz), that certain arbitration costs cannot be imposed upon certain litigants under certain circumstances.
The appellants petition for rehearing is denied.
There is no change in the judgment.
Dated: ____________________________________
RUSHING, P.J.
WE CONCUR:
_________________________________
PREMO, J.
_________________________________
ELIA, J.
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