Slovensky v. Friedman

Full title: TAMARA SLOVENSKY, Plaintiff and Appellant, v. MORTON L. FRIEDMAN et al.…

Court: California Court of Appeals, Third District, Sacramento

Date published: Oct 12, 2006

No. C049442 (Cal. Ct. App. Oct. 12, 2006)

Opinion

Page 717b

143 Cal.App.4th 717b __ Cal.Rptr.3d __ TAMARA SLOVENSKY, Plaintiff and Appellant, v. MORTON L. FRIEDMAN et al., Defendants and Respondents. C049442 California Court of Appeal, Third District, Sacramento October 12, 2006

Super. Ct. No. 02AS06907

THE COURT:

OPINION

BLEASE, Acting P.J.

The opinion in the above entitled matter, filed September 19, 2006 (142 Cal.App.4th 1518; Cal.Rptr.3d ), is modified in the following respect:

On page 25, [142 Cal.App.4th 1535, advance report, 2d par., line 1], delete the second sentence of the first full paragraph and replace it with the following sentence: Because they failed to timely controvert plaintiff’s factual allegations, their breach of this duty is also established for purposes of the summary judgment motion.

This modification does not change the judgment.

Respondents’ petition for rehearing is denied.

SIMS, J., CANTIL-SAKAUYE, J.