Filed 2/23/98
CERTIFIED FOR PUBLICATION
COPY
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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AL FRANK AKINS et al., Plaintiffs and Respondents, v. THE STATE OF CALIFORNIA et al., Defendants and Appellants. |
C015891 (Super. Ct. No. CV345772)
ORDER MODIFYING OPINION AND DENYING REHEARING [CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on January 28, 1998, be modified as follows:
On page 80, under DISPOSITION, delete the sentence: "The parties shall bear their own costs on appeal," and substitute the following therefor:
Defendants shall bear their own costs on appeal. Plaintiffs are awarded their reasonable costs, disbursements and expenses incurred on appeal, including reasonable attorneys fees in an amount to be determined by the trial court. (See Code Civ. Proc, § 1036.)
This modification changes the judgment.
The petitions for rehearing of plaintiffs and defendants are denied.
SIMS , Acting P.J.
DAVIS , J.
CALLAHAN , J.