Smolker v. Pacific Villas Homeowners Assn.
Filed 4/17/07 Smolker v. Pacific Villas Homeowners Assn. CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
GARY SMOLKER, Defendant and Appellant, v. PACIFIC VILLAS HOMEOWNERS ASSOCIATION et al., Cross-Defendants and Respondents. | B138229 (Los Angeles County Super. Ct. No. BC173952) ORDER MODIFYING OPINION AND DENYING REHEARING CHANGE IN JUDGMENT |
THE COURT:
It is ordered that the opinion filed herein on March 19, 2007, be modified as follows:
1. On page 2, after the final sentence of the page, the following new paragraph is added: No appearance for Cross-Defendant and Respondent Rikk Thompson.
2. On page 10, under C. Grant of Summary Judgment as to PVHOA, the following is added to the subheading: and Rikk Thompson. In the last paragraph of that same page, after the sentence beginning with the words, It found Smolker pleaded no triable issues of fact . . . , the following sentence is added: The court also granted summary judgment and entered judgment in favor of Termite Controls employee, Rikk Thompson, on the negligence cause of action.
3. On page 13, after the sentence beginning with the words, The court properly granted summary judgment . . . , the following footnote is added: Smolkers failure to present argument with references to the record and citation to legal authority results in a forfeiture of any assertion that could have been raised as to Rikk Thompson. (People v. Barnett (1998) 17 Cal.4th 1044, 1107, fn. 37; Building etc. Assn. v. Richardson (1936) 6 Cal.2d 90, 102; Estate of Randall (1924) 194 Cal. 725, 728-729; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247; City of Lincoln v. Barringer (2002) 102 Cal.App.4th 1211, 1239-1240; Pringle v. La Chapelle (1999) 73 Cal.App.4th 1000, 1003-1004 & fn. 2; Badie v. Bank of America (1998) 67 Cal.App.4th 779, 784-785; Reyes v. Kosha (1998) 65 Cal.App.4th 451, 466, fn. 6; Guthrey v. State of California (1998) 63 Cal.App.4th 1108, 1115-1116; Dills v. Redwoods Associates, Ltd. (1994) 28 Cal.App.4th 888, 890, fn. 1; Pimental v. Safeway Stores, Inc. (1987) 196 Cal.App.3d 92, 94, fn. 1.)
4. On page 21, change the first sentence of the last paragraph, to read Smolker failed to act timely to ensure that the Second Amended Complaint was included in the clerks transcript in his record on appeal. After that same sentence, the following sentence is added: As a result, the Clerks Transcript did not include the Second Amended Complaint.
5. On page 22, next to the last paragraph, after the sentence beginning with the words, Accordingly, Smolkers failure to present argument with references to the record and citation to legal authority . . . , the citations are deleted and the following language is substituted (People v. Barnett, supra, 17 Cal.4th at p.1107, fn. 37.)
This will require renumbering of all subsequent footnotes.
This modification changes the judgment by adding specific reference to the Thompson judgment.
Appellants petition for rehearing is denied.
________________________________________________________________________
PERLUSS, P .J. JOHNSON, J. ZELON, J.
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