Simmons v. Ware

SARA MICHELLE SIMMONS,

as Special Administrator, etc.,

Plaintiff and Respondent,

v.

CHAD WARE,

Defendant and Appellant.

Nos. G045886

 consol. w/ G046287

(Super. Ct. No. 30-2009-00306440)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed March 13, 2013

ORDER MODIFYING OPINION

AND DENYING PETITION

FOR REHEARING;

NO CHANGE IN  JUDGMENT

     It is ordered that the opinion filed herein on February 13, 2013, be modified as follows:  In the last paragraph beginning on page 8 and concluding on page 9 of the opinion, the fourth full sentence is modified to read in full, ?Simmons argued she could have brought a motion for directed verdict on the joint venture issue before the matter went to the jury, and the court would have had to grant the motion because of the undisputed evidence.? 

     This modification does not change the judgment.

     The petition for rehearing is DENIED.

O?LEARY, P. J.

WE CONCUR:

     BEDSWORTH, J.

     MOORE, J.