THE PEOPLE v. POWEREX CORPORATION

Filed 8/3/07

CERTIFIED FOR PUBLICATION

COPY

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

----

APPEAL from the judgment of the Superior Court of Sacramento County. Loren E. McMaster, Judge. Affirmed.

Bill Lockyer, Attorney General, Thomas J. Greene, Chief Assistant Attorney General, Mark Breckler, Danette E. Valdez, Annadel A. Almendras, Myung J. Park, and Song Hill Deputy Attorneys General, for Plaintiff and Appellant.

Gurnee and Daniels, Steven H. Gurnee, John A. Mason; Bracewell & Giuliani, J. Clifford Gunter, III and Andrew M. Edison, Pro Hac Vice, for Defendant and Respondent.

THE COURT:

It is ordered that the opinion filed herein on June 11, 2007, modified and certified for publication on July 11, 2007, be further modified in the following manner:

On page 7, in part B of the Background section, insert the following language after the first sentence of the previously modified part:

(Powerex Corp. v. California, Dkt. No. 05-584.) The United States Supreme Court recently held in related litigation that a statutory bar on appeals from remand orders applied in FSIA cases.

In full text, the modification now reads:

Powerex petitioned for a writ of certiorari on the FSIA claim. (Powerex Corp. v. California, Dkt. No. 05-584.) The United States Supreme Court recently held in related litigation that a statutory bar on appeals from remand orders applied in FSIA cases. (Powerex Corp. v. Reliant Energy Services, Inc. (2007) --- U.S. --- [127 S.Ct. 2411].) The court then denied Powerexs petition in the federal portion of this case. (Powerex Corp. v. California, Dkt. No. 05-584, cert. den. June 25, 2007.)

This modification does not change the judgment.

FOR THE COURT:

BLEASE , Acting P.J.

MORRISON , J.

BUTZ , J.

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