Cytodyn of New Mexico v. Barry
Filed 4/9/08 Cytodyn of New Mexico v. Barry CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
CYTODYN OF NEW MEXICO, INC., Plaintiff and Respondent, v. PATRICIA J. BARRY, Defendant and Appellant. | B198399 (Los Angeles County Super. Ct. No. BC362909) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on March 10, 2006, be modified as follows:
1. On page 4, line 10, the sentence is modified as follows:
Service of the summons and complaint was made by substituted service on December 21, 2006, and after mailing of the summons and complaint on December 22, 2006, service was deemed complete on January 1, 2007. ( 415.20.)
2. On page 12, the final two sentences are modified as follows:
The 60-day period commences with service of the complaint, which was deemed complete on January 1, 2006. ( 415.20.) Thus Barrys filing of a special motion to strike Cytodyns complaint on March 7, 2007, was after the 60-day period.
There is no change in the judgment.
Appellants petition for rehearing is denied.
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