McMenamin v. Trimark Pacific Homes, L.P.

Full title: JAMES McMENAMIN, JR., Plaintiff and Appellant, v. TRIMARK PACIFIC HOMES…

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

Date published: May 21, 2007

No. B187686 (Cal. Ct. App. May. 21, 2007)

Opinion

JAMES McMENAMIN, JR., Plaintiff and Appellant, v. TRIMARK PACIFIC HOMES, L.P., Defendant and Respondent. B187686 California Court of Appeal, Second District, Fifth Division May 21, 2007

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. BC320648

The opinion filed April 20, 2007, is hereby modified as follows:

The last sentence of the first full paragraph on page 15 of the opinion, just before Discussion, section C, is deleted and replaced with the following sentence:

Under these circumstances, “‘there is no evidence of sufficient substantiality to support a verdict in favor of . . . plaintiff [on his claim for Project Profit bonuses] if such a verdict had been given.’” (Estate of Lances, supra, 216 Cal. at p. 400.)

The petition for rehearing is denied.

There is no change in judgment.

ARMSTRONG, Acting P. J., MOSK, J., KRIEGLER, J.