Roldan

Filed 9/18/13 (unmodified version attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

FRANCISCO ROLDAN et al.,

Plaintiffs and Appellants, G047306

v. (Super. Ct. Nos. 30-2009-00303966, 30-2010-00417796, 30-2010- CALLAHAN & BLAINE et al., 00417811)

Defendants and Respondents. ORDER MODIFYING OPINION;

NO CHANGE IN JUDGMENT

It is hereby ordered that the opinion filed herein on August 26, 2013, be modified as follows: 1. On page 2, third sentence of the second full paragraph, should be changed so the sentence reads: We reverse and remand to the trial court with directions to: (1) estimate the reasonable costs of arbitration previously ordered; (2) determine whether any of these plaintiffs are financially able to pay their anticipated share of that costs; and (3) if any of them are unable to do so, issue an order specifying that Callahan has the option of either paying that plaintiff‟s share of the costs of arbitration, or waiving its right to arbitrate that plaintiff‟s case and…