Mega RV Corporation v. HWH Corporation

Filed 5/20/14 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

MEGA RV CORPORATION,

Cross-complainant, Cross-defendant G047718 and Appellant, (Super. Ct. No. 30-2007-00100242) v.

ORDER MODIFYING OPINION

HWH CORPORATION, AND DENYING PETITION FOR

REHEARING; NO CHANGE IN

Cross-defendant, Cross-complainant JUDGMENT and Respondent.

It is ordered that the opinion filed herein on April 30, 2014, be modified as follows: On page 26, line 8, before the sentence beginning with “We are unaware of any . . . .” insert the following: Like Sooy v. Peter, supra, 220 Cal.App.3d at pages 1311-1312, we disagree with the majority opinion in Manning v. Sifford (1980) 111 Cal.App.3d 7, 10-11, wherein the court suggested it could award tort of another damages even if no tort duty existed. The petition for rehearing is DENIED. There is no change in the judgment.

itruk for Cross-defendant, Cross-complainant and Respondent. This case began with a prosaic dispute. John and Dawn Ertz (collectively the Ertzes) purchased a motor home…