O’Neal v. Nevius
Filed 3/14/13 O’Neal v. Nevius CA2/8
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
EIGHT
RYAN O’NEAL,
Plaintiff and Respondent,
v.
CRAIG NEVIUS,
Defendant and Appellant.
B238640
(Los Angeles
County
Super. Ct.
No. SC113381)
ORDER MODIFYING OPINION
AND DENYING PETITION
FOR
REHEARING
[No change in the judgment]
IT IS ORDERED that the opinion
filed in the above-captioned matter on February 14,
2013, be modified as
follows:
1.
On page 10, add a footnote at the end of the sentence commencing with
“Accordingly, we find no error . . . .†The footnote should read:
“In ruling on Nevius’s
anti-SLAPP motion, the trial court recognized that O’Neal’s complaint “contains
causes of action for intentional infliction of emotional distress and negligent
infliction of emotional distress.†The
court expressly stated that it “addressed only the defamation claim.†The anti-SLAPP motion challenged the
emotional distress claims on the ground they stated insufficient facts to
constitute a cause of action. Because
the trial court did not address the sufficiency of the pleadings as to the
emotional distress causes of action in the context of the anti-SLAPP motion,
neither do we. We construe the trial
court’s decision on the anti-SLAPP motion as to the defamation claim to have
been without prejudice to any appropriate procedure for testing the remainder
of the pleadings.â€
This modification effects no change
in the judgment.
The petition for rehearing filed by
Appellant on March 1, 2013,
is denied.
________________________________________________________________________
BIGELOW, P. J. GRIMES, J.
