Munoz

Filed 1/19/22 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

LUIS MUNOZ et al., D078215

Plaintiffs and Appellants, (Super. Ct. No. 37-2019-00017904-

CU-FR-CTL)

v.

ORDER MODIFYING OPINION

PL HOTEL GROUP, LLC, et al., AND DENYING REHEARING

Defendants and Respondents. NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed January 3, 2022 be modified as follows: On page 8, at the end of the top paragraph, after the words “does not preclude relief,” add as footnote 6 the following footnote, which will require renumbering of all subsequent footnotes: 6 In a petition for rehearing, Inn Lending and Rajesh cite Government Code section 68081, contending rehearing should be granted because fraud in the execution was a new issue not raised below or briefed on appeal. We disagree. The Complaint specifically alleges defendants “intentionally deceived Plaintiffs into executing the [lease] thereby committing fraud in the execution.” (Italics added.) Moreover, opposing the demurrer in the trial court, Munoz asserted…