Manhattan Loft, LLC v. Mercury Liquors, Inc.

Full title: MANHATTAN LOFT, LLC, Plaintiff and Appellant, v. MERCURY LIQUORS, INC., et…

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

Date published: May 18, 2009

No. B211070 (Cal. Ct. App. May. 18, 2009)

Opinion

MANHATTAN LOFT, LLC, Plaintiff and Appellant, v. MERCURY LIQUORS, INC., et al., Defendants and Respondents. B211070 California Court of Appeal, Second District, Second Division May 18, 2009

Los Angeles County Super. Ct. No. BC386087

ORDER MODIFYING OPINION

THE COURT:^*

* DOI TODD, Acting P. J. ASHMANN-GERST, J. CHAVEZ, J.

It is ordered that the opinion filed herein on May 6, 2009, be modified as follows:

1. On page 12, the first sentence of the second full paragraph, beginning “Respondent attempt to avoid” is deleted and the following sentence is inserted in its place:

Respondents attempt to avoid this result through certain representations in their appellate brief.

2. On page 12, the third sentence of the second full paragraph, line 4, the word “entirely” is to be inserted between the words “Not” and “true” so that the sentence reads:

Not entirely true.

3. The paragraph commencing at the bottom of page 12, second full sentence, line 3, beginning “However, in so arguing” and ending at the top of page 13 with “(a) of that statute” is modified to read as follow:

However, that argument overlooks the definition of “‘provisional remedy,’” as set forth in subdivision (a) of that statute.

There is no change in judgment.