State of California ex rel. Edelweiss Fund v. JPMorgan etc.

Filed 5/30/23 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

A163264

(City & County of San Francisco STATE OF CALIFORNIA ex rel. Super. Ct. No. CGC-14-540777) EDELWEISS FUND, LLC, et al., Plaintiffs and Appellants, ORDER MODIFYING

OPINION AND DENYING

v.

REHEARING; NO CHANGE

JPMORGAN CHASE & COMPANY IN JUDGMENT

et al., Defendants and Respondents.

THE COURT:

It is ordered that the opinion filed herein on April 27, 2023, be modified as follows.

1. On page 22, add the following sentence to the end of footnote 12:

We also emphasize that, because the definition refers to the “most common week-over-week rate change,” the bucketing of a VRDO means only that it matched the change shared by the greatest number of other VRDOs—however many that might be—in a particular week at least 80 percent of the time over 26 weeks. The definition does not require the same VRDOs to undergo identical changes for an extended period of time, and does not specify a particular percentage of VRDOs that must have the “most common”…