Boubon v. 02 Wireless
Filed 5/10/07 Boubon v. 02 Wireless CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
STEVEN BOUBON, Plaintiff, Cross-defendant and Respondent, v. 02 WIRELESS, INC., Defendant, Cross-complainant and Appellant. | E039771 (Super.Ct.No. SCV119058) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] AND DENIAL OF PETITION FOR REHEARING |
Appellants petition for rehearing is denied. The opinion filed in this matter on April 24, 2007, is modified as follows:
On page 6, delete the last sentence of the first full paragraph, and in its place insert:
02 Wireless was the general contractor on the construction project, as evidenced by the duties it agreed to perform under the express terms of the MSA, quoted above, and by the duties it actually performed on the project. Therefore, 02 Wireless was required to have a Class B general contractors license.
Except for this modification, the opinion remains unchanged. This modification does not effect a change in the judgment.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
/s/ McKinster
J.
We concur:
/s/ Hollenhorst
Acting P.J.
/s/ Miller
J.
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