Welch v. Trefelner
Filed 10/23/07 Welch v. Trefelner CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION ONE
FRANK WELCH, Cross-complainant and Appellant, v. ERIC TREFELNER et al., Cross-defendants and Respondents.. | A112270 (Super. Ct. No. 434857) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on September 28, 2007, be modified in the following particulars:
1. The last full sentence on page 7 which reads The motion for summary adjudication was therefore granted. is deleted. The paragraph, including footnote 4, will now read:
Appellant also appears to complain in his reply brief of the trial courts ruling on a subsequent motion by Trefelner for summary adjudication of the second cause of action of the original cross-complaint.[1] At the hearing on the motion, the trial court declared that the amended cross-complaint, once filed, superseded the previous cross-complaint, and when it was stricken there was no cross-complaint. Appellant argues that the amended cross-complaint alone was stricken by the prior order, and the original cross-complaint was not affected, but rather remains as a valid pleading in the case.
There is no change in the judgment.
The petition for rehearing is denied.
Dated: October 23, 2007 _________________________
Marchiano, P. J.
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[1]The motion was made on the ground that the second cause of action of the cross-complaint for negligent interference with contract is not recognized by law.
