Duran v U.S. Bank Nat. Assn. 3/6/12 CA1/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A125557M

Case Date: 05/16/2012

Preview:Filed 3/6/12

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE

SAM DURAN et al, Plaintiffs and Respondents, v. U.S. BANK NATIONAL ASSOCIATION, Defendant and Appellant.

A125557 & A126827 (Alameda County Super. Ct. No. 2001-035537) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT: It is ordered that the opinion filed herein on February 6, 2012, be modified in the following particulars: 1. On page 74, at the end of the first paragraph of the Disposition, footnote 80 is added, which will read: The parties in their briefs on appeal did not address the status of the award of overtime restitution to the named plaintiffs and the individual RWG members in the event of a reversal of judgment. This remains an issue for the trial court.

There is no change in the judgment. The petition for rehearing is denied. Date: March 6, 2012 _________________________ Marchiano, P. J.

Trial Court

Alameda County Superior Court

Trial Judge

Honorable Robert B. Freedman

For Defendant and Appellant

CARLTON DiSANTE & FREUDENBERGER LLP CAROTHERS DiSANTE & FREUDENBERGER LLP Timothy M. Freudenberger, Esq. Alison L. Tsao, Esq. Kent J. Sprinkle, Esq.

For Plaintiffs and Respondents

Ellen Lake, Esq. WYNNE LAW FIRM Edward J. Wynne, Esq. J.E.B. Pickett, Esq.

DURAN v. U.S. BANK NATIONAL ASSOCIATION, A125557 & A126827

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