Stephens & Stephens XII v. Fireman's Fund Ins.

Filed 12/17/14 Unmodified opinion attached

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

STEPHENS & STEPHENS XII, LLC, A135938; A136740

Plaintiff and Appellant, San Francisco County Super. Ct. Nos. CGC10502891 and v. CGC10502891 FIREMAN'S FUND INSURANCE CO., et al., ORDER MODIFYING OPINION

AND DENYING REHEARING

Defendants and Respondents. [NO CHANGE IN JUDGMENT]

BY THE COURT:

The opinion filed November 24, 2014, is modified by deleting footnote 12 and replacing it with the following: We asked the parties for supplemental briefing on the propriety of a conditional judgment. In the supplemental briefing, both parties argue that such a judgment would be improper because Stephens XII recently sold the property. We disagree. Fireman’s Fund’s potential liability in the event of any such sale was not litigated below and, as a reviewing court, we must generally disregard matters occurring after the entry of the appealed judgment. (Troung v.…