Meraz v. Farmers Ins. Exchange (2001)

LEOPOLDO MERAZ, Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant and Respondent.

[Modification of opinion (92 Cal.App.4th 321) on denial of petition for rehearing with no change in judgment.]

THE COURT. fn. * -

It is ordered that the opinion filed herein on September 17, 2001, be modified as follows:

1. Delete footnote 2 in its entirety which appears on page 6 [92 Cal. App. 4th 326, advance report, fn. 2] and insert in place thereof the following revised footnote 2:

2 Indeed, the undisputed evidence on summary judgment was that respondent could not establish this double negative, since the Department of Motor Vehicles maintained no records concerning the subject vehicle.

The petition for rehearing is denied.

There is no change in judgment.

FN *. Before Armstrong, J., Turner, P.J., and Willhite, J. fn. †

FN †. Judge of the Los Angeles County Superior court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.