Opinion
Page 1485b
146 Cal.App.4th 1485b __ Cal.Rptr.3d __ DAVID DUTRA, Plaintiff and Appellant, v. DONALD EAGLESON, Defendant and Respondent. B183033 California Court of Appeal, Second District, Division Eight January 26, 2007Alameda County Super. Ct. JCCP No. 4359; Super. Ct. No. HG03132860
THE COURT:good cause appearing, the opinion filed in the above entitled matter on December 27, 2006 (146 Cal.App.4th 216; __Cal. Rptr. 3d __), is modified as follows:On page 8 [146 Cal.App.4th 224, advance report, 2d full par., lines 9, 10], line 20, through line 21, the phrase "third party defendant knew or should have laiown of a representative's sexual misconduct and took no steps to prevent it." is replaced with the following language: "third party defendant knew, had reasion to know, or was otherwise on notice of a representative's sexual misconduct and took no steps to prevent it."
On page 12 [146 Cal.App.4th 227, advance report, 2d full par., line 3], line 9 of DISCUSSION, section 4., which reads "party with actual or constructive knowledge that Eagleson's employee or agent engaged . . ." is replaced with the following language: "party who knew, had reason to know, or was otherwise on notice that Eagleson's employee or agent engaged . . . ."
No change in judgment.