United Television Broadcasting v. Rancho Palos Verdes Broadcasters
Filed 10/8/08 United Television Broadcasting v. Rancho Palos Verdes Broadcasters CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE
UNITED TELEVISION BROADCASTING SYSTEMS, INC., Plaintiff, Cross-defendant and Appellant, v. RANCHO PALOS VERDES BROADCASTERS, INC. et al., Defendants and Respondents; TERENCE E. CROSBY, Defendant, Cross-complainant and Appellant. | B191091 c/w B192896 (Los Angeles County Super. Ct. No. BC297832) ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN JUDGMENT |
THE COURT:
It is ordered that the opinion filed herein on September 15, 2008, be modified as follows:
1. On page 18, delete the third full paragraph beginning with Further, the Programming Agreement and ending with which never occurred.
2. On page 19, at line 4 and before the first full paragraph, insert the following paragraph:
The nonsuit judgment against UTB on its complaint resulted from the grant of nonsuit motions made by defendants collectively and a separate motion by Crosby with respect only to the Programming Agreement. In as much as the judgment is reversed for the purpose of the trial court to proceed with taking additional evidence concerning the interpretation of the Programming Agreement as well as the Promissory Note, there arises the potential for a change in the interpretation upon which the Crosby nonsuit was granted. Under these circumstances, we are unable to find that UTBs admissible evidence would not be sufficient to permit the jury to find in UTBs favor on the issue. (Castaneda v. Olsher, supra, 41 Cal.4th at p. 1214; Nally v. Grace Community Church (1988) 47 Cal.3d at p. 291.) Accordingly, all nonsuit motions granted in favor of defendants, both collectively and as to Crosby individually, and the judgment resulting from the nonsuits granted, must be reversed.
There is no change in the judgment.
Defendant Terence E. Crosbys petition for rehearing is denied.
_____________________ ___________________ ___________________
NEIDORF, J.* MALLANO, P. J. ROTHSCHILD, J.
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* Retired Judge of the Los Angeles Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
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