Garber v. Horton, Knox, Carter & Foote
Filed 2/9/06 Garber v. Horton, Knox, Carter & Foote CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| JEFFREY M. GARBER, Plaintiff and Appellant, v. HORTON, KNOX, CARTER & FOOTE, Defendant and Respondent. | D044794 (Super. Ct. No. ISC L-01395) [NO CHANGE IN JUDGMENT] |
THE COURT:
The opinion filed January 13, 2006, is modified as follows:
At DISCUSSION II A, second paragraph (slip opn., p. 7), replace the sentence beginning with "The scope of statements" and ending with "made in official proceedings." with
In a variety of contexts the courts have found that section 425.16 is as broad as the litigation privilege provided by Civil Code section 47.
At DISCUSSION II A, second paragraph (slip opn., p. 7), between the parenthesis and the citation to Equilon insert
See Briggs, supra, 19 Cal.4th at p. 1121;
At DISCUSSION II A, second paragraph (slip opn., p. 7), replace the citation to Equilon with
Briggs, supra, 19 Cal.4th p. 1121
Adjust the internal quotation marks accordingly
" 'the anomalous should be "the anomalous
"broadly" should be 'broadly' [citation].' should be [citation]."
[Citation.] should be deleted
At DISCUSSION II A, ninth paragraph, first sentence (slip opn., p. 12), replace "The only exception to broad application" with
The only divergence from these broad applications
AT DISCUSSION II A, last paragraph (paragraph immediately prior to DISCUSSION II B) beginning with "In sum" and ending with "subdivision (e)(2)." (slip opn. p. 16), add two spaces and the following citations
(See Briggs, supra, 19 Cal.4th at p. 1121; Equilon, supra, 29 Cal.4th at pp. 64-65.)
The request for publication of the opinion is denied.
There is no change in the judgment.
McCONNELL, P. J.
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