Opinion
2d Civil No. B225873
07-21-2011
SBD ENTERPRISES, INC., Plaintiff and Respondent, v. MOUNTAINGATE ASSOCIATES, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. 56-2008-00330217)
(Ventura County)
ORDER MODIFYING OPINION
[DISPOSITION MODIFIED]
THE COURT:
It is ordered that the opinion filed herein on June 27, 2011, be modified as follows:
1. On page 10, under the "Disposition" heading, the paragraph beginning "The judgment is reversed" and ending with "costs of appeal" is deleted and replaced with the following paragraph:
"The order granting new trial is reversed. The matter is remanded to the trial court with directions to vacate the June 8, 2010 order granting new trial and to enter a new order denying SBDs motion for a new trial and granting Mountaingates motion for summary judgment. Each party is to bear their own costs."
This modification changes the judgment.