Graham v. DaimlerChrysler Corp.

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Filed 1/12/05 SUPREME COURT OF CALIFORNIA ROBERT GRAHAM et al., ) ) Plaintiffs and Respondents, ) ) v. ) ) DAIMLERCHRYSLER CORPORATION, ) ) Defendants and Appellants. ) ___________________________________ ) S112862 Ct.App. 2/1 B152928 Los Angeles County Super. Ct. No. BC 21564 MODIFICATION OF OPINION THE COURT: The opinion herein, appearing at 34 Cal.4th 553, is modified as follows: In 34 Cal.4th at page 577, after Lengthy prelitigation negotiations are not required, insert nor is it necessary that the settlement demand be made by counsel. The modified sentence would read: Lengthy prelitigation negotiations are not required, nor is it necessary that the settlement demand be made by counsel, but a plaintiff must at least notify the defendant of its grievances and proposed remedies and give the defendant the opportunity to meet its demands within a reasonable time. In the following sentence, after the citation (See, e.g., S.D. v. Faulkner, supra, 705 F.Supp at p. 1363 [letter notifying defendants of plaintiffs grievances, plus discussions over two-month period] insert see also Garrison v. Board of Directors 1 (1995) 36 Cal.App.4th 1670, 1676 [Pub. Resources Code, § 21177, subd. (b) requires California Environmental Quality Act litigants to inform agency of objections before litigation to give agency opportunity to respond].) The entire citation would read: (See, e.g., S.D. v. Faulkner, supra, 705 F.Supp at p. 1363 [letter notifying defendants of plaintiffs grievances, plus discussions over two-month period]; see also Garrison v. Board of Directors (1995) 36 Cal.App.4th 1670, 1676 [Pub. Resources Code, § 21177, subd. (b) requires California Environmental Quality Act litigants to inform agency of objections before litigation to give agency opportunity to respond].) These modifications do not affect the judgment. 2

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