Graham v. Daimlerchrysler Corp.

Page 1011a

        THE COURT:

        The opinion herein, appearing at 34 Cal.4th 553 [21 Cal.Rptr.3d 31], 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 (1995) 36 Cal.App.4th 1670, 1676 [43 Cal.Rptr.2d 214] [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 [43 Cal.Rptr.2d 214] [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.