Opinion
No. B264478.
06-06-2018
STRATEGIC CONCEPTS, LLC, Plaintiff, Cross-defendant and Respondent, v. BEVERLY HILLS UNIFIED SCHOOL DISTRICT, Defendant, Cross-complainant and Appellant.
[Modification of opinion (23 Cal.App.5th 163; ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT. — IT IS ORDERED that the opinion filed herein on May 10, 2018, be modified as follows:
1. On page 2, after the word (and heading) "FACTS," [23 Cal.App.5th 165, advance report, heading "FACTS"] insert footnote 2 to read:In her petition for rehearing, Christiansen complains that our statement of facts may prejudice her in a possible retrial. Her brief on appeal did not contain a statement of facts. The facts we adduce here were derived from the record. Nevertheless, Christiansen need not be concerned because this is an unqualified reversal. "The effect of an unqualified reversal (`the judgment is reversed') is to vacate the judgment, and to leave the case `at large' for further proceedings as if it had never been tried, and as if no judgment had ever been rendered." (9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 869, p. 928, and the plethora of cases cited.)2. On page 8, in the second sentence in the last paragraph [23 Cal.App.5th 170, advance report, 3d par., line 2], the name "Dennis Wolliver" is changed to "Dannis Woliver Kelley."3. On page 8, in the third sentence in the last paragraph [23 Cal.App.5th 170, advance report, 3d par., line 3], the phrase "from Wolliver's office" is changed to "from Dannis Woliver Kelley's office."4. On page 19, the last paragraph [23 Cal.App.5th 177, advance report, 4th par.] is changed to read: "The judgment is reversed. Costs are awarded to appellant."There is no change in the judgment.Respondent's petition for rehearing is denied.