Rood v. Yuhas

Full title: MICHAEL J. ROOD, Plaintiff and Appellant, v. STEVE YUHAS, Defendant and…

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

Date published: Jun 13, 2011

No. D056840 (Cal. Ct. App. Jun. 13, 2011)

Opinion

MICHAEL J. ROOD, Plaintiff and Appellant, v. STEVE YUHAS, Defendant and Respondent. D056840 California Court of Appeal, Fourth District, First Division June 13, 2011

NOT TO BE PUBLISHED

Super. Ct. No. 37-2008-00090621- CU-DF-CTL

ORDER MODIFYING OPINION AND RELATED JUDICIAL NOTICE ORDER

HUFFMAN, Acting P. J.

THE COURT:

The opinion was filed in this case on June 3, 2011. Respondent petitions for modification, attaching a conformed copy of the notice of entry of judgment of June 17, 2010 with attached exhibits (minute orders dated December 11, 2009 and May 14, 2010). To the extent this notice of entry of judgment and attached exhibits were not contained in the record on appeal, the court, on its own motion, takes judicial notice of the judgment and attached exhibits. (Evid. Code, § 459.)

The opinion filed June 3, 2011 is modified as follows:

1. At page 19, footnote 7 is deleted, and the remaining footnotes are renumbered.

2. At page 36, the paragraph before the Disposition is deleted and replaced with the following:

"Yuhas's respondent's brief requests an award of attorney fees, apparently for this appeal, under section 425.16, subdivision (c). We decline to express any opinion on that matter, and return the action to the trial court for any appropriate further proceedings that may be allowed to consider the renewal of any such request."

There is no change in judgment.