Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. BC 330038
CHANGE IN JUDGMENT
On the court’s own motion, the opinion filed on April 6, 2009, is modified as follows:
1. On page 8, delete the first paragraph that begins “The court dismissed” and insert in its place the following paragraph:
The court dismissed all the defendants other than the corporate defendants from the eighth cause of action for the same reason Hartman’s claim was dismissed.
2. On page 11, after the fifth paragraph, insert the following paragraph as the last paragraph of part 4:
While the court noted that Alex Meruelo and Mario Tapanes signed the sales agreement, the court apparently concluded that they did so in a representative capacity, respectively as president and attorney for Meruelo Enterprises. The court’s order states that the contract claim “against the Individual Defendants” arising from the sales agreement “must fail as a matter of law.” We conclude that because the individual defendants did not sign in their personal capacities, the court’s order is correct. This means that the eighth cause of action proceeds only against Meruelo Enterprises and Doty Bros.
3. The first paragraph in part 5 on page 11 is modified as follows:
We affirm the following orders: (a) summary adjudication on the third, fourth and fifth causes of action; (2) the order dismissing all the defendants except Meruelo Enterprises and Doty Bros. from the eighth cause of action; (3) summary adjudication on the cause of action for conversion brought by Barrows; and (4) summary adjudication on Barrows’ causes of action against Occelli for breach of fiduciary duties.
There is a change in the judgment to the extent that Alex Meruelo and Mario Tapanes are no longer defendants in the eighth cause of action.
The petition for a rehearing is denied.
RUBIN, Acting P. J. FLIER, J. BAUER, J.
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.