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Davila v. Nickell10/26/2005
h claim under Code of Civil Procedure section 377.60, subdivision (c). If the Davila children do not prove standing, the judgment in their favor should be reversed, and judgment entered in favor of defendants.
If the Davila children do prove standing, then the court shall re-enter the judgment with respect to the compensatory verdicts. The court shall also strike the punitive damage verdicts in favor of the Davila children.
The court should also recalculate the prejudgment interest awards and attorney fee awards, if necessary, depending on the outcome of the retrial.
The sanctions and attorney fees awarded in Rodriguez's favor are stricken.
In all other respects, the judgment is affirmed.
The parties to bear their own costs.
WE CONCUR: McDONALD, J., O'ROURKE, J.
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