Ruth

Ruth v. Lytton Savings & Loan Ass'n

Good Law
1969 Cal. App. LEXIS 2239·272 Cal. App. 2d 24·76 Cal. Rptr. 926
Court of Appeal of CaliforniaApril 17, 1969Civ. 24737California495 words

Opinion

Opinion

We filed our judgment in this matter on October 28, 1968; with our opinion it is reported in 266 Cal.App.2d at page 831 [ 72 Cal.Rptr. 521 ], The successful appellants Ruth, plaintiffs below, have moved to recall the remittitur, basing their motion on an uncertainty in the judg ment as to the time of the commencement of interest on the sum adjudged due them from respondent Transamerica Title Insurance Company, formerly City Title Insurance Company.

We have granted appellants’ motion, on the grounds of this court’s inadvertence (see In re McGee, 37 Cal.2d 6 [ 229 P.2d 780 ]), and to clarify and make certain that which is implicit in our opinion and judgment. (See Oil Base, Inc. v. Transport Indent. Co., 148 Cal.App.2d 490 [ 306 P.2d 924 ].)

In our opinion (266 Cal.App.2d at pp. 842, 843) we stated:

The judgment (last paragraph, appearing in 266 Cal. App.2d pp. 845-846) reads as follows: “The judgment as to defendant Transamerica Title Insurance Company is reversed; the superior court will enter judgment in favor of plaintiffs and against such defendant for $118,000, for interest thereon, and for reasonable attorney fees. The judgment as to defendants Lytton Savings and Loan…

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