Cytodyn of New Mexico, Inc. v. Barry

Full title: CYTODYN OF NEW MEXICO, INC., Plaintiff and Respondent, v. PATRICIA J…

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

Date published: Apr 9, 2008

No. B198399 (Cal. Ct. App. Apr. 9, 2008)

Opinion

CYTODYN OF NEW MEXICO, INC., Plaintiff and Respondent, v. PATRICIA J. BARRY, Defendant and Appellant. B198399 California Court of Appeal, Second District, Third Division April 9, 2008

NOT TO BE PUBLISHED

ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

Los Angeles County Super. Ct. No. BC362909

THE COURT:

It is ordered that the opinion filed herein on March 10, 2006, be modified as follows:

1. On page 4, line 10, the sentence is modified as follows:

Service of the summons and complaint was made by substituted service on December 21, 2006, and after mailing of the summons and complaint on December 22, 2006, service was deemed complete on January 1, 2007. (§ 415.20.)

2. On page 12, the final two sentences are modified as follows:

The 60-day period commences with service of the complaint, which was deemed complete on January 1, 2006. (§ 415.20.) Thus Barry’s filing of a special motion to strike Cytodyn’s complaint on March 7, 2007, was after the 60-day period.

There is no change in the judgment.

Appellant’s petition for rehearing is denied.