[REVIEW GRANTED] Village Northridge Homeowners Assn. v. State Farm Fire & Casualty Co. (2008) 158 Cal.App.4th 1241a

[REVIEW GRANTED] Village Northridge Homeowners Assn. v. State Farm Fire & Casualty Co. (2008) 158 Cal.App.4th 1241a [-- Cal.Rptr.3d --]

, REVIEW GRANTED Village Northridge Homeowners Assn. v. State Farm Fire & Casualty Co. (2008)158 Cal.App.4th 1241a [-- Cal.Rptr.3d --]





[No. B188718.
Second Dist., Div. Eight.

Jan. 15, 2008.]



VILLAGE NORTHRIDGE HOMEOWNERS ASSOCIATION, Plaintiff and Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant and Respondent.



[Modification of opinion (157 Cal.App.4th 1416) on denial of petition for rehearing.]



THE COURT. fn. * -



IT IS ORDERED that the opinion filed in the above-captioned matter on December 17, 2007, be modified as follows:



On page 15 [157 Cal.App.4th 1427, advance report, 2d full par., line 11], the final sentence of the text is deleted and the following sentence is substituted: Accordingly, the trial court erred in sustaining State Farm`s demurrer to the cause of action for fraud in the Association`s second amended complaint.



On page 15 [157 Cal.App.4th 1427, advance report, fn. 7], footnote 7 is modified by adding a new initial paragraph, so that the present text becomes the second paragraph of the footnote. The new first paragraph of footnote 7 reads as follows:



Dismissal of the Association`s causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing is proper. The Association has repeatedly stated, including in response to the court`s express inquiry, that it does not seek to rescind the settlement agreement and release, but rather seeks to affirm the settlement and recover damages for fraud.



On page 16 [157 Cal.App.4th 1428, advance report, 1st full par., 1st sentence], the first sentence of the disposition is deleted and the following sentence is substituted: The judgment is reversed and the cause is remanded to the trial court with directions to vacate its order sustaining State Farm`s demurrer and to enter a new order sustaining the demurrer as to the causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing and overruling the demurrer as to the cause of action for fraud.



This modification effects a change in the judgment.



The petition for rehearing is denied.



?FN *. Before Cooper, P.J., Rubin, J., and Flier, J.