Medina v. Safe-Guard Products, Internat., Inc. (2008) 164 Cal.App.4th 652c

Medina v. Safe-Guard Products, Internat., Inc. (2008) 164 Cal.App.4th 652c [-- Cal.Rptr.3d --]

Medina v. Safe-Guard Products, Internat., Inc. (2008)164 Cal.App.4th 652c , -- Cal.Rptr.3d --

[No. G038816.
Fourth Dist., Div. Three.

Jul. 11, 2008.]

PEDRO MEDINA, Plaintiff and Appellant, v. SAFE-GUARD PRODUCTS, INTERNATIONAL, INC. et al., Defendants and Respondents.

[Modification of opinion (164 Cal.App.4th 105).]

SILLS, P. J.-

Respondent`s request for modification is GRANTED. The opinion, filed June 19, 2008, is hereby modified as follows:

1. Delete the word really from the first sentence of the opinion (slip opn. at p. 2) [ 164 Cal.App.4th 108, advance report, 1st par., line 3] and replace it with the word allegedly.

2. After the word contract in the first sentence of the opinion [ 164 Cal.App.4th 108, advance report, 1st par., line 3], insert this new footnote, and renumber all subsequent footnotes accordingly:

Because this case comes to us from a judgment after the sustaining of a demurrer, the parties have not had the occasion to address the merits of whether a vehicle service contract really is an `insurance contract` under the Insurance Code. For purposes of this opinion, we will proceed on the assumption that the vehicle service contract at issue here is an insurance contract, but this opinion should not be read as addressing the merits of the issue, one way or the other.

These modifications do not affect the judgment.

Moore, J., and Aronson, J., concurred.