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14-15790 - Vincent De Frontbrune, et al v. Alan Wofsy, et al


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14-15790 - Vincent De Frontbrune, et al v. Alan Wofsy, et al
September 26, 2016
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FILED OPINION (M. MARGARET MCKEOWN, MICHELLE T. FRIEDLAND and RICHARD F. BOULWARE) While his appeal was pending, de Fontbrune died. His wife and children filed a motion for substitution of party to continue these proceedings as de Fontbrune’s successors in interest pursuant to California Civil Procedure Code § 377.32. We grant this motion. For convenience, we refer to the appellants collectively as “de Fontbrune.”; REVERSED AND REMANDED. Judge: MMM Authoring. FILED AND ENTERED JUDGMENT. [10135921]
November 14, 2016
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Filed order and amended opinion (M. MARGARET MCKEOWN, MICHELLE T. FRIEDLAND and RICHARD F. BOULWARE). The opinion filed on September 26, 2016, and appearing at 2016 WL 5349749, is hereby amended. An amended opinion is filed concurrently with this order With this amendment, the panel has voted to deny the petition for panel rehearing. Judges McKeown and Friedland have voted to deny the petition for rehearing en banc. Judge Boulware recommends denial of the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED. No further petitions for en banc or panel rehearing shall be permitted. Amending Disposition Opinion REVERSED AND REMANDED. [10194524]