Opinion
B162203.
11-13-2003
NICHOLAS J. BENETIC, Plaintiff and Appellant, v. DIMITRI BIZOUMIS, Defendant and Respondent.
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on October 31, 2003, be modified as follows:
On page 8, line 15, the third paragraph beginning with the word "Finally," and ending with the word "accident" is modified to read as follows:
Finally, plaintiffs sons declaration does not indicate what alleged "lies" defendant told his counsel. On this record, the trial court correctly ruled that plaintiffs sons declaration was insufficient to raise a triable issue of material fact as to whether defendant acted in good faith and whether he disclosed the relevant facts to his attorney regarding plaintiffs conduct following the boating accident.
[There is no change in the judgment.]
Appellants petition for rehearing is denied.