Lua v. Salzetti
Filed 5/15/07 Lua v. Salzetti CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
FRANCISCO LUA, a minor, Plaintiff and Appellant, v. RONALD SALZETTI, Defendant and Respondent. | D048432 (Super. Ct. No. GIC833829) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on April 17, 2007, is modified as follows:
1. At page 1, the second sentence of the first paragraph is modified to read:
Reversed and remanded, with directions.
2. At page 2, the third sentence of the first full paragraph is modified to read:
We further conclude that these errors were prejudicial and that we must therefore reverse the judgment and order a retrial of the lack of informed consent claim.
3. At page 6, the last sentence of the first full paragraph of the Discussion section is modified to read:
We also conclude that these errors were prejudicial and that we must therefore reverse the judgment and order a retrial of the lack of informed consent claim.
4. At page11, the disposition is deleted and replaced by the following:
The judgment is reversed and the matter is remanded for a retrial of Lua's lack of informed consent claim. Appellant shall recover his costs on appeal.
There is no change in the judgment.
The petition for rehearing is denied.
NARES, Acting P. J.
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