Royse v. DC3-E, LLLP

Full title: JOSEPH ROYSE, Plaintiff and Appellant, v. DC3-E, LLLP et al., Defendants…

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

Date published: Jun 24, 2011

No. A125620 (Cal. Ct. App. Jun. 24, 2011)

Opinion

JOSEPH ROYSE, Plaintiff and Appellant, v. DC3-E, LLLP et al., Defendants and Respondents. A125620 California Court of Appeal, First District, Fourth Division June 24, 2011

NOT TO BE PUBLISHED

Humboldt County Super. Ct. No. DR050078

ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on May 18, 2011, be modified as follows:

1. On page 3, line 3 of footnote 3, the acronym “(DFEH)” is to be inserted between the words “Housing” and “settlement” so that the sentence reads:

To the extent Royse bases his claim of error on the court’s failure to consider a copy of a Division of Occupational Safety and Health (OSHA) referral report concerning the accident and a Department of Fair Employment & Housing (DFEH) settlement agreement pertaining to a DC3-E employee, neither of these documents was authenticated and the court properly sustained Lexington’s objections to their consideration.

2. On page 3, line 5 of footnote 3, after the sentence ending “Lexington’s objections to their consideration, ” add the following sentence:

The contents of the OSHA document are hearsay; the DFEH document is irrelevant to this case.

3. On page 3, footnote 4 is to be deleted, which will require renumbering of all subsequent footnotes.

There is no change in the judgment.

Appellant’s petition for rehearing is denied.