Shapell Socal Rental Properties v. Chico's FAS, Inc.

Filed 11/15/22; Unmodified opinion and prior 10/31/22 modification order attached

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

SHAPELL SOCAL RENTAL

PROPERTIES, LLC,

G060411

Plaintiff and Respondent, (Super. Ct. No. 30-2020-01171096) v.

ORDER

CHICO’S FAS, INC.,

Defendant and Appellant.

It is ORDERED that the opinion filed on October 17, 2022, be modified as follows: On page 15, in the first full paragraph, beginning with the words, “We start with the unpleasant,” delete the second and third sentences and citation. On page 17, in the first full paragraph, beginning with the words “As troubling as the ethical and statutory,” delete the third and fourth sentences and insert in their place:

Instead, Shapell argues LaSalle is “procedurally, factually, and legally distinguishable” without acknowledging that an attorney has both an ethical and a statutory obligation to warn opposing counsel of an impending default. On page 18, in the second full paragraph, beginning with the words “CIF’s argument was not specious,” delete the words “It is the law.” On page 18, footnote 3, line 8, replace the words “should…