Opinion
Page 444e
172 Cal.App.4th 444e __ Cal.Rptr.3d__ ANSCHUTZ ENTERTAINMENT GROUP, INC. et al., Plaintiffs and Respondents, v. FRANK W. SNEPP, III et al., Defendants and Appellants. B206789 California Court of Appeal, Second District, Fifth Division March 23, 2009Los Angeles County Super. Ct. Nos. BC370870 & BC372675
ORDERS MODIFYING OPINION AND DENYING REHEARING PETITION [NO CHANGE IN JUDGMENT]
THE COURT:
The opinion filed February 25, 2009, (171 Cal.App.4th 598, __ Cal.Rptr.3d __), is modified as follows and the petition for rehearing is DENIED::
1. On page 2, line 14 [171 Cal.App.4th 601, advance report, 1st full par., line 4], delete "motion" and insert "motions".
2. On page 7, line 8 [171 Cal.App.4th 601, advance report, 1st full par., line 11], delete "motion" and insert "motions".
3. On page 7, line 8 [171 Cal.App.4th 601, advance report, 1st full par., lines 11 & 12], delete "which was deemed to apply to both complaints".
4. On page 7, line 9 [171 Cal.App.4th 601, advance report, heading no. III.], delete "MOTION" and insert "MOTIONS".
5. On page 7, line 11 [171 Cal.App.4th 601, advance report, 2d full par., line 2], delete "complaints" and insert "first complaint".
6. On page 7, at the end of the first full paragraph [171 Cal.App.4th 601, advance report, 2d full par., last line], insert "On July 31, 2007, defendants filed their special motion to strike the second complaint. Defendants reiterated the previously asserted grounds for striking the first complaint as reasons to specially strike the second complaint. In addition, defendants asserted the second complaint amounted to an impermissible amendment and there were defects in the retraction demand."
7. On page 7, line 21 [171 Cal.App.4th 601, advance report, 2d full par., line 12], before the word "and," insert "the second complaint was an improper amendment;".
Page 444f
8. On page 44, line 4 [171 Cal.App.4th 637, advance report, 1st par., line 1], delete "motion" and insert "motions".
9. On page 44, line 11 [171 Cal.App.4th 638, advance report, 1st par., line 6], delete "motion" and insert "motions".
10. On page 51, on the second line from the bottom [171 Cal.App.4th 643, advance report, in the unpublished portion of the opinion], delete "Two" and insert "Three".
11. On page 52, at the end of the first paragraph [171 Cal.App.4th 643, advance report, in the unpublished portion of the opinion], insert, "Finally, we only conclude plaintiffs have made a prima facie showing as to the merits of their claims. Whether they can prevail on the merits of those claims will be resolved in future litigation."
12. On page 80, line 3 [171 Cal.App.4th 644, advance report, 1st par., line 2], delete "motion" and insert "motions".
Defendants’ rehearing petition is denied.