Opinion
NOT TO BE PUBLISHED
Humboldt County Super. Ct. No. DR050078
The petition for rehearing filed by appellant on April 22, 2009, is denied.
The opinion filed herein on April 15, 2009, is ordered modified at page 4 to delete the last two sentences (“Even if the court had considered.... Phelps was no longer listed as a manager.”) of the first full paragraph, and substitute the following: “Even if the court had considered the documents for the truth of their contents, they do not conclusively show that Phelps was a manager of Heartworks at the time of the accident, and the court relied on deposition testimony showing that Esther Phelps alone owned Heartworks in granting Phelps’s motion for summary judgment.” Footnote 2 remains the same.
There is no change in the judgment.