Opinion
D051680
10-30-2008
GISELE PENDER, Plaintiff and Appellant, v. NORBERT WALDENMAYER et al., Defendants and Respondents.
Not to be Published
THE COURT:
The opinion in this case is hereby modified as follows:
1. Delete the sentence beginning on page 13, line 8, and replace it with the following:
Finally, the court relied on the contractual requirement that the improvements would be made by the Developers only" subsequent to and subject to tentative map approvals" (language that the Residents drafted) as additional evidence of the parties intent that the Developers were obligated to improve the road to City standards in effect at the time the Improvement Agreement was signed.