Barnes v. Store

Full title: DANNY BARNES, Plaintiff and Appellant, v. RALPHS GROCERY STORE et al.…

Court: California Court of Appeals, Second District, Eighth Division

Date published: Aug 20, 2007

No. B189156 (Cal. Ct. App. Aug. 20, 2007)

Opinion

DANNY BARNES, Plaintiff and Appellant, v. RALPHS GROCERY STORE et al., Defendants and Respondents. B189156 California Court of Appeal, Second District, Eighth Division August 20, 2007

NOT DESIGNATED FOR PUBLICATION

Los Angeles County Super. Ct. No. BC 326929.

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

THE COURT:^*

* COOPER, P.J. BOLAND, J. FLIER, J.

Having read and considered appellant’s petition for rehearing filed August 6, 2007, and good cause appearing,

The court’s opinion, filed on July 20, 2007, is modified by:

(1) Deleting, at page 4, footnote 5, the portion of the last sentence stating “, but appellant never furnished the DVD to this court”; and

(2) Adding after the last sentence, “We find the DVD to be immaterial to this appeal since it bears only on the issue of credibility, a matter decided by the jury.”

As modified, footnote 5 reads:

“All exhibits offered by both sides were admitted by stipulation of counsel. After trial, all exhibits were returned to the parties. This court granted appellant’s motion to augment the record with a DVD of the videos that was admitted as an exhibit. We find the DVD to be immaterial to this appeal since it bears only on the issue of credibility, a matter decided by the jury.”

There is no change in the judgment.

Appellant’s petition for rehearing is denied.