O'Donoghue v. Superior Court (Performing Arts, LLC)

Full title: PARAIC O'DONOGHUE et al., Petitioners v. THE SUPERIOR COURT OF THE CITY…

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

Date published: Sep 27, 2013

No. A137996 (Cal. Ct. App. Sep. 27, 2013)

Opinion

Page 1315a

219 Cal.App.4th 1315a __ Cal.Rptr.3d __ PARAIC O'DONOGHUE et al., Petitioners v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent, PERFORMING ARTS, LLC, Real Party in Interest. A137996 California Court of Appeals, First District, Fifth Division September 27, 2013

THE COURT:

IT IS ORDERED the opinion filed on August 29, 2013, 219 Cal.App.4th 245; ___Cal.Rptr.3d___, is modified as follows, and the petition for rehearing is DENIED:

On page 3, paragraph two, first sentence [219 Cal.App.4th 251, advance report, 2d full par., line 1], delete the word “defendants” and replace with “Market Associates”

On page 9, third paragraph [219 Cal.App.4th 256, advance report, 3d full par., line 3], the citation to Greenbriar Homes Communities, Inc. v. Superior Court should read: (2004) 117 Cal.App.4th 337, 344. 11 Cal.Rptr.3d 371

On page 11, the first full paragraph, line 5 [219 Cal.App.4th 258, 1st full par., lines 6-8], the sentence should read: “We reject defendants’ claim that paragraph 5.11 does not waive their right to a jury trial because it does not contain explicit language regarding such waiver.”

The petition for rehearing is denied.

This modification does not change the judgment.