SBD Enterprises, Inc. v. Mountaingate Associates

Full title: SBD ENTERPRISES, INC., Plaintiff and Respondent, v. MOUNTAINGATE…

Court: California Court of Appeals, Second District, Sixth Division

Date published: Jul 21, 2011

2d Civil B225873 (Cal. Ct. App. Jul. 21, 2011)

Opinion

SBD ENTERPRISES, INC., Plaintiff and Respondent, v. MOUNTAINGATE ASSOCIATES, Defendant and Appellant. 2d Civil No. B225873 California Court of Appeal, Second District, Sixth DivisionJuly 21, 2011

NOT TO BE PUBLISHED

Ventura County Super. Ct. No. 56-2008-00330217

ORDER MODIFYING OPINION

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 SBD's motion for a new trial and granting Mountaingate's motion for summary judgment. Each party is to bear their own costs."

This modification changes the judgment.