Palitz v. Clark
Filed 6/17/08 Palitz v. Clark CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE
GAYLE SUSAN PALITZ, Plaintiff and Respondent, v. DAVID L. CLARK, Defendant and Appellant. | B198227 (Los Angeles County Super. Ct. No. SS014681) ORDER MODIFYING OPINION; ORDER DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on May 18, 2008, be modified as follows:
1. Footnote 2 should be modified to read:
We deny appellant's request that we take judicial notice of documents concerning Palitz's February 26, 2007 petition to the Supreme Court, litigation between Palitz and the Lakeside Village Condominium Association, and other restraining orders sought by Palitz. The documents were not before the trial court and are not relevant to any issue on this appeal.
2. Footnote 7 should be modified to strike the words "did not object in the trial court" so that it reads:
Some of the evidence is found in one of the documents attached to the Request. The documents were not signed under oath, and were not authenticated or entered into evidence. However, they were before the court and the court expressly told the parties that it had read those documents. Palitz was available to be cross-examined on this incident, but Clark did not do so. Clark makes no argument on this pointon appeal.
The petition for rehearing is denied.
There is no change in judgment.
__________________________________________________________________
ARMSTRONG, J. TURNER, P. J. MOSK, J.
Publication courtesy of San Diego pro bono legal advice.
Analysis and review provided by Poway Property line attorney.
