Opinion
No. G043999.
05-08-2013
TODD KURTIN, Plaintiff and Appellant, v. BRUCE ELIEFF, Defendant and Appellant.
[Modification of opinion (215 Cal.App.4th 455; ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT. — The petition for rehearing filed April 30, 2013 is DENIED.
The opinion filed April 16, 2013 is hereby modified in the following particulars:
(1) On page 5 of the slip opinion [215 Cal.App.4th 460, advance report, 3d par., lines 1-2], in the first sentence of the first full paragraph, delete the words "including Moorpark and SJD" so that the sentence reads: "After the arbitration, Kurtin filed this action against Elieff and the Joint Entities."
(2) On page 22 of the slip opinion [215 Cal.App.4th 473, advance report, 1st full par., lines 1-3], in the first sentence of the first full paragraph, the word "not" should be inserted between "are" and "necessarily" so that the sentence reads: "Third, and most importantly, the last antecedent rule strongly indicates the arbitrator's powers are not necessarily pinned down by a requirement to only be exercised to `save' the agreement."
These modifications do not affect the judgment.