XPO Logistics Freight, Inc. v. Hayward Property, LLC

Filed 7/11/22 (unmodified opinion attached)

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

XPO LOGISTICS FREIGHT, INC.,

Plaintiff, Cross-defendant and Appellant,

Vv.

HAYWARD PROPERTY, LLC et al.,

Defendants, Cross-complainants and Appellants.

XPO LOGISTICS FREIGHT, INC.,

Plaintiff, Cross-defendant and Appellant,

Vv.

HAYWARD PROPERTY, LLC et al.,

Defendants, Cross-complainants and Respondents.

THE COURT:

A157687

(Alameda County Super. Ct. Nos. HG16841187, RG16843893)

A158291, A159299

(Alameda County Super. Ct. Nos. HG16841187, RG16843893)

ORDER MODIFYING OPINION

AND DENYING REHEARING;

NO CHANGE IN JUDGMENT

The opinion filed herein on June 17, 2022 is modified as follows:

1. On page 8, lines 9-10, after the words “The correctory deed has not been recorded,” delete the comma and the words “allegedly by inadvertence.”

2. On page 12, line 4, at the end of the parenthetical, after “69 Cal.2d 33, 37”

add “(PG&E).” 3. On page 13, line 10, add the following as footnote 7 at the end of the sentence concluding with the words “as a matter of law” (and renumber all subsequent footnotes…