Opinion
Page 194a
132 Cal.App.4th 194a __ Cal.Rptr.3d __ DONALD TILLEY, Plaintiff and Appellant, v. CZ MASTER ASSOCIATION, Defendant and Respondent. G033470 California Court of Appeal, Fourth District, Third Division August 25, 2005Super. Ct. No. 813213
ORDER MODIFYING OPINION AND DENIAL OF PETITION FOR REHEARING; NO CHANGE IN JUDGMENT
BEDSWORTH, ACTING P. J.
It is ordered that the opinion filed herein on June 28, 2005 (131 Cal.App.4th 464; 32 Cal.Rptr.3d 151), be modified in the following particular:
1. On page 2 [131 Cal.App.4th 468, advance report] in the second sentence of the first full paragraph, remove the word “argues” and replace with the word “argued.”
2. On page 2, in the first sentence of the second full paragraph [131 Cal.App.4th 469, advance report, 1st par.], remove the word “that” and put the colon on the word “concluding.”
3. On page 3, in the first sentence of the first full paragraph [131 Cal.App.4th 469, advance report, 3d par.], remove the word “then.”
4. On page 4, in the first full paragraph [131 Cal.App.4th 470, advance report, 3d. par.], remove the apostrophe from the word “perpetrator’s” so that it now reads “perpetrators.”
5. On page 4, in the second full paragraph [131 Cal.App.4th 470, advance report, 4th par.], in the sentence that now reads: “As Tilley moved away from the truck with the keys,” remove the phrase “with the keys.”
6. On page 4 [131 Cal.App.4th 470, advance report], at the end of footnote 2, at the following sentence: “A word to the wise.”
7. On page 5, in the second full paragraph [131 Cal.App.4th 471, advance report, 3d. par.], in the phrase “about the S’s 1997 party,” change the apostrophe to read “S.’s 1997 party.”
8. On page 7, in the second full paragraph [131 Cal.App.4th 473, advance report, 1st par.], the phrase that now reads: “against CZ is for premises
Page 194b
liability, and asserts that” change it to read as follows: “against CZ was for premises liability, and asserted that.”
9. On page 9 [131 Cal.App.4th 474, advance report], in the third full paragraph, first sentence, remove “it reveals” and replace with “it turns out.”
10. On page 10 [131 Cal.App.4th 475, advance report], in the paragraph beginning with “With respect,” after the phrase “knew or should have known” add the word “assertion.”
11. On page 15 [131 Cal.App.4th 479, advance report], in the second full paragraph, the sentence that reads “The court specifically stated that it had,” remove the word “that.”
12. On page 15, in the last paragraph [131 Cal.App.4th 479, advance report, 3d par.] beginning with “Tilley’s suggestion,” remove the comma after the word “suggestion” and remove the comma after the word “hearing” Add a comma after the word “edification.”
13. On page 26, in the last paragraph [131 Cal.App.4th 488, advance report, 1st par.], remove “(a).”
14. On page 27, at the top of the page [131 Cal.App.4th 488, advance report, 1st par.], remove the comma after “parties” and remove “(b).”
This modification does not effect a change in judgment.
The petition for rehearing is DENIED.
I CONCUR: FYBEL, J.