Picozzi v. Miller
Filed 7/21/08 Picozzi v. Miller CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
JAMES M. PICOZZI, Plaintiff and Appellant, v. CAROL MILLER et al., Defendants and Respondents. | G038627 (Super. Ct. Nos. 02CC15253 and 05CC05027) ORDER DENYING PETITION FOR REHEARING AND MODIFYING OPINION; NO CHANGE IN JUDGMENT |
1. The petition for rehearing is DENIED.
2. The court takes no notice whatsoever of the previous decisions involving Plaintiff and Appellant mentioned in the Respondents Answer to Petition for Rehearing filed July 16, 2008.
3. The opinion filed June 23, 2008 is hereby modified in the following particulars:
a. On page 3 of the slip opinion, the last sentence of the third complete paragraph should be deleted and its place the following new footnote 3 inserted, with any subsequent existing footnote appropriately renumbered:
A copy of the memorandum has been filed, albeit under seal. However, given that there is no challenge to the idea that the memorandum has its own dispute resolution procedure in which disputes involving the memorandum itself are to be resolved by the retired federal judge who midwifed the memorandum (or failing that by binding arbitration), we see no reason in this case to break the seal and examine the precise terms of the memorandum. Thats a job we leave for the federal judge or a subsequent arbitrator.
b. On page 6 of the slip opinion, after the last sentence in the fourth complete paragraph, the following new footnote 4 should be inserted, with any subsequent existing footnote appropriately renumbered:
We exercise our discretion to grant Picozzis request, filed October 16, 2007, to take judicial notice of certain documents in a case (06CC05514) filed after this one, though the relevance of those documents is murky, at best.
c. On page 8 of the slip opinion, in what will now be renumbered footnote 5, strike the words -- we do not know except for the few points that the parties seem to agree on --, and add a comma after the words Whatever the deal point memorandum provides.
These modifications do not affect the judgment.
SILLS, P. J.
WE CONCUR:
BEDSWORTH, J.
MOORE, J.
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