Madrigal

Filed 5/9/23 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Placer) ----

OSCAR J. MADRIGAL et al., C090463

Plaintiffs and Respondents, (Super. Ct. No.

S-CV-0038395)

v.

ORDER MODIFYING

HYUNDAI MOTOR AMERICA, MAJORITY OPINION AND

DENYING REHEARING

Defendant and Appellant. [CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on April 11, 2023, be modified as follows: 1. In the first full sentence in the third line on page 22 of the majority opinion that begins “Indeed, Hyundai explains,” delete the word “explains” and insert the word “argues” in its place.

1 2. Delete the last paragraph starting on page 22 of the majority opinion that begins “Plaintiffs rejected reasonable offers,” and insert the following paragraph in its place: Plaintiffs rejected reasonable offers to compromise early in the case, creating a known risk that they might have to forfeit costs and attorney fees from the date of the operative section 998 offer…