Kincaid v. Kincaid

Full title: DEBORAH KINCAID, Plaintiffs and Appellants, v. JEFFREY KINCAID, Defendant…

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

Date published: Jul 26, 2011

No. B222367 (Cal. Ct. App. Jul. 26, 2011)

Opinion

Page 255a

198 Cal.App.4th 255a __ Cal.Rptr.3d __ DEBORAH KINCAID, Plaintiffs and Appellants, v. JEFFREY KINCAID, Defendant and Respondent. B222367 California Court of Appeal, Second District, Fourth Division July 26, 2011

Los Angeles County Super. Ct. No. GC041760

ORDER MODIFYING OPINION AND DENYING REHEARING

THE COURT:

IT IS ORDERED that the published opinion filed July 6, 2011, (197 Cal.App.4th 75;___Cal.Rptr.3d___) be modified as follows and the petition for rehearing is DENIED:

1. On page 3 [197 Cal.App.4th 79, advance report, 1st full par., line 1], the first sentence of the first full paragraph is modified to read: “In September 2005, Shannon disclosed appellant’s conduct to her therapist...."

2. On page 7 [197 Cal.App.4th 82, advance report, 2d full par., lines 6-7], the third sentence of the second full paragraph, “... respondent also submitted affirmative evidence that he did not sexually abuse or torture decedent;...” is modified to read: “... respondent also submitted affirmative evidence that he did not abuse decedent;...”

3. On page 8 [197 Cal.App.4th 83, advance report, 1st full par., line 1], paragraph 1, the first sentence of the first full paragraph is modified to read: “Appellant offered evidence of the acts of misconduct she alleged....”

There is no change in the judgment.

The motion for rehearing is denied.