Hirsch v. Janssen

Full title: DAVID A. HIRSCH, As Trustee, etc., et al., Plaintiffs and Appellants, v…

Court: California Court of Appeals, Third District, San Joaquin

Date published: Jan 15, 2008

No. C052816 (Cal. Ct. App. Jan. 15, 2008)

Opinion

DAVID A. HIRSCH, As Trustee, etc., et al., Plaintiffs and Appellants, v. KATHLEEN LAGORIO JANSSEN et al., Defendants and Respondents. C052816 California Court of Appeal, Third District, San Joaquin January 15, 2008

NOT TO BE PUBLISHED

Super. Ct. No. CV026757.

ORDER MODIFYING OPINION, GRANTING MOTION TO AUGMENT RECORD ON APPEAL AND REQUEST FOR JUDICIAL NOTICE AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT:

DAVIS, Acting P.J.

It is ordered that the opinion filed herein on December 20, 2007, be modified as follows:

1. On page 14 of the opinion, following the first sentence, which reads “(Hager v. Gibson (4th Cir. 1997) 108 F.3d 35, 39, quoting Price, supra, 324 U.S. at p. 106.)” delete the remainder of the paragraph, beginning with the words “And Price notes” and ending with the sentence, “(Price, supra, 324 U.S. at p. 106, fn. omitted.)”

2. On page 16 of the opinion, delete the first full paragraph, beginning with the words “And when we read Price” and ending with the sentence, “(Price, supra, 324 U.S. at p. 106.)”

3. On page 18 of the opinion, following the first full paragraph which ends with the sentence “(Nathanson, supra, 99 Cal.App.4th at p. 1162.)” add as footnote 1 the following footnote:

This opinion, which has simply reviewed demurrer rulings, expresses no view regarding the purported interlocutory default judgment of October 15, 2007, in San Joaquin Superior Court case No. CV013505.

There is no change in the judgment.

Respondents’ motion to augment record on appeal and request to take judicial notice is granted.

Respondents’ joint petition for rehearing is denied.

NICHOLSON, J., BUTZ, J.