Parrish v. Cingular Wireless

Full title: RITA PARRISH et al., Plaintiffs and Respondents, v. CINGULAR WIRELESS…

Court: California Court of Appeals, First District, Fifth Division

Date published: Jun 17, 2005

No. A105518 (Cal. Ct. App. Jun. 17, 2005)

Opinion

Page 161b

130 Cal.App.4th 161b __ Cal.Rptr.3d__ RITA PARRISH et al., Plaintiffs and Respondents, v. CINGULAR WIRELESS, LLC, et al., Defendants and Appellants. A105518 California Court of Appeal, First District, Fifth Division June 17, 2005

Alameda County Super. Ct. No. JCCP 4332

ORDER MODIFYING OPINION AND DENYING PETITIONS FOR REHEARING

The opinion filed on May 18, 2005 (129 Cal.App.4th 601; ___ Cal.Rptr.3d ___), is ordered modified as follows:

1. On page 4 [129 Cal.App.4th 607, advance report, 2d par.], in the first full paragraph, the third sentence beginning “Cingular conceded” is deleted and the following sentence is inserted in its place:

“Cingular acknowledged below that the claims for injunctive relief were not arbitrable under Cruz and Broughton, and on appeal Cingular again recognizes that this court is bound to follow existing precedent from the California Supreme Court.”

2. On page 4 [129 Cal.App.4th 608, advance report], footnote 6 is deleted and all subsequent footnotes are renumbered.

There is no change in the judgment.

The petitions for rehearing separately filed by appellants and by respondents are denied. Appellants’ request for judicial notice, filed concurrently with the petition for rehearing on June 1, 2005, is denied. Respondents’ request for judicial notice, filed concurrently with the petition for rehearing on June 3, 2005, is denied.