Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
ORDER MODIFYING OPINION AND DENYING REHEARING
Los Angeles County Super. Ct. No. BC297832
THE COURT:
It is ordered that the opinion filed herein on September 15, 2008, be modified as follows:
1. On page 18, delete the third full paragraph beginning with “Further, the Programming Agreement” and ending with “which never occurred.”
2. On page 19, at line 4 and before the first full paragraph, insert the following paragraph:
The nonsuit judgment against UTB on its complaint resulted from the grant of nonsuit motions made by defendants collectively and a separate motion by Crosby with respect only to the Programming Agreement. In as much as the judgment is reversed for the purpose of the trial court to proceed with taking additional evidence concerning the interpretation of the Programming Agreement as well as the Promissory Note, there arises the potential for a change in the interpretation upon which the Crosby nonsuit was granted. Under these circumstances, we are unable to find that UTB’s admissible evidence would not be sufficient to permit the jury to find in UTB’s favor on the issue. (Castaneda v. Olsher, supra, 41 Cal.4th at p. 1214; Nally v. Grace Community Church (1988) 47 Cal.3d at p. 291.) Accordingly, all nonsuit motions granted in favor of defendants, both collectively and as to Crosby individually, and the judgment resulting from the nonsuits granted, must be reversed.
There is no change in the judgment.
Defendant Terence E. Crosby’s petition for rehearing is denied.
NEIDORF, J. MALLANO, P. J. ROTHSCHILD, J.
Retired Judge of the Los Angeles Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.