Pastoriza v. Nance
Filed 6/21/07 Pastoriza v. Nance 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
ALIDA PASTORIZA, Plaintiff and Appellant, v. ROBERT NANCE, as Trustee, etc., Defendant and Respondent. | A113331 (Super. Ct. No. RG 03-106398) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on May 22, 2007, be modified in the following particulars: On page 2, in the third paragraph, the second sentence and the first five words of the third sentence are deleted. Inserted at that same point is: A declaration prepared by appellants attorney in conjunction with the subsequent motion to vacate indicates that the parties attorneys understood that the compliance hearing was to have been continued to a date after the hearing on the petition. In any event,.
The third paragraph will now read:
The hearing on respondents petition was scheduled to occur on November 2, 2004. A declaration prepared by appellants attorney in conjunction with the subsequent motion to vacate indicates that the parties attorneys understood that the compliance hearing was to have been continued to a date after the hearing on the petition. In any event, the compliance hearing occurred as scheduled with neither party being present. The court dismissed the case for failure to appear.
There is no change in the judgment.
The petition for rehearing is denied.
Date: June 21, 2007
_________________________
Stein, Acting P. J.
Publication courtesy of California free legal advice.
Analysis and review provided by Carlsbad Property line attorney.
