Filed 1/17/01
CERTIFIED FOR PARTIAL PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
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KEITH MELTON, Plaintiff and Respondent, v. INDUSTRIAL INDEMNITY COMPANY, Defendant and Appellant. |
F018487 (Super. Ct. No. 400590-6)
MODIFICATION OF OPINION [Change in Judgment] |
The typewritten opinion filed in the above entitled action on January 16, 2001, is modified as follows:
On page 147, lines 2-4, which read: "Melton, within 30 days from the date of the remittitur, files with the clerk of this court, and serves upon Industrial, a written consent to a reduction of the award to $208,448.88. (Burnett v. National Inquirer, Inc. (1983) 144 Cal.App.3d 991, 1018-1019.)" are deleted and in their place insert the following:
Melton, within 30 days from the filing of our decision, files with the clerk of this court, and serves upon Industrial, a written consent to a reduction of the award to $208,448.88, in which event the judgment will be modified to award Melton compensatory damages in this lesser amount, and as so modified affirmed in its entirety. (Cal. Rules of Court, rule 24(c).)
This modification changes the judgment.
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Buckley, J.
WE CONCUR:
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Harris, Acting P.J.
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Levy, J.