Barnes v. Ralphs Grocery Store
Filed 8/20/07 Barnes v. Ralphs Grocery Store CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT
DANNY BARNES, Plaintiff and Appellant, v. RALPHS GROCERY STORE et al., Defendants and Respondents. | B189156 (Los Angeles County Super. Ct. No. BC 326929) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING NO CHANGE IN JUDGMENT |
THE COURT:*
Having read and considered appellants petition for rehearing filed August 6, 2007, and good cause appearing,
The courts opinion, filed on July 20, 2007, is modified by:
(1) Deleting, at page 4, footnote 5, the portion of the last sentence stating , but appellant never furnished the DVD to this court; and
(2) Adding after the last sentence, We find the DVD to be immaterial to this appeal since it bears only on the issue of credibility, a matter decided by the jury.
As modified, footnote 5 reads:
All exhibits offered by both sides were admitted by stipulation of counsel. After trial, all exhibits were returned to the parties. This court granted appellants motion to augment the record with a DVD of the videos that was admitted as an exhibit. We find the DVD to be immaterial to this appeal since it bears only on the issue of credibility, a matter decided by the jury.
There is no change in the judgment.
Appellants petition for rehearing is denied.
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* COOPER, P.J. BOLAND, J. FLIER, J.
