Apex Solutions v. Falls Lake Insurance etc.

Filed 4/16/24 (unmodified opinion attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

APEX SOLUTIONS, INC.,

Plaintiff and Respondent, A167491 v. (Alameda County Super. Ct. FALLS LAKE INSURANCE No. RG21099709)

MANAGEMENT COMPANY, INC.,

Defendant and Appellant. ORDER MODIFYING OPINION

AND DENYING REHEARING;

NO CHANGE IN JUDGMENT

BY THE COURT:

The court orders that the opinion filed in this appeal on March 28, 2024, be modified as follows:

1. In footnote 5 which begins on page 5 and continues on page 6, in the first sentence add the words “was erroneous” to the end of the sentence so that it reads:

Nothing in Apex’s opening brief addresses whether the trial court’s ruling on the second cause of action for breach of the implied covenant of good faith and fair dealing was erroneous.

2. On page 19, in the last paragraph add the words “on June 2” after the words “police report” to the first sentence so that it reads:

1 The middle-of-the-night setting suggests only one plausible scenario: Based on the narrative in…