Pastoriza v. Nance

Full title: ALIDA PASTORIZA, Plaintiff and Appellant, v. ROBERT NANCE, as Trustee…

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

Date published: Jun 21, 2007

No. A113331 (Cal. Ct. App. Jun. 21, 2007)

Opinion

ALIDA PASTORIZA, Plaintiff and Appellant, v. ROBERT NANCE, as Trustee, etc., Defendant and Respondent. A113331 California Court of Appeal, First District, First Division June 21, 2007

NOT TO BE PUBLISHED

Super. Ct. No. RG 03-106398

OPINION

Stein, Acting P. J.

THE COURT:

It is ordered that the opinion filed herein on May 22, 2007, be modified in the following particulars: On page 2, in the third paragraph, the second sentence and the first five words of the third sentence are deleted. Inserted at that same point is: “A declaration prepared by appellant’s attorney in conjunction with the subsequent motion to vacate indicates that the parties’ attorneys understood that the compliance hearing was to have been continued to a date after the hearing on the petition. In any event,”.

The third paragraph will now read:

The hearing on respondent’s petition was scheduled to occur on November 2, 2004. A declaration prepared by appellant’s attorney in conjunction with the subsequent motion to vacate indicates that the parties’ attorneys understood that the compliance hearing was to have been continued to a date after the hearing on the petition. In any event, the compliance hearing occurred as scheduled with neither party being present. The court dismissed the case “for failure to appear.”

There is no change in the judgment.

The petition for rehearing is denied.