SB Liberty LLC v. Isla Verde Association Inc.

SB LIBERTY, LLC,

Plaintiff and Respondent,

v.

ISLA VERDE ASSOCIATION, INC.,

Defendant and Appellant.

No. D061261

(Super. Ct. No. 37-2011-00059253-

CU-MC-NC)

California Courts of Appeal

Fourth Appellate District

Division One

Filed June 18, 2013

ORDER CERTIFYING OPINION

FOR PUBLICATION

THE COURT:

     The opinion filed May 22, 2013, is ordered certified for publication.

NARES, Acting P. J.

SB LIBERTY, LLC,

Plaintiff and Respondent,

v.

ISLA VERDE ASSOCIATION, INC.,

Defendant and Appellant.

No. D061261

(Super. Ct. No. 37-2011-00059253-

CU-MC-NC)

California Courts of Appeal

Fourth Appellate District

Division One

Filed June 11, 2013

ORDER DENYING REHEARING

AND MODIFYING OPINION

NO CHANGE IN JUDGMENT

THE COURT:

     It is ordered that the opinion filed herein on May 22, 2013, be modified as follows:

     1.  On page 8, first sentence of the last paragraph beginning with "On December 28, 2011," the words "the Association's" in the phrase "the Association's motion for preliminary injunction" are changed to "SB Liberty's" so the sentence reads:

On December 28, 2011, the court issued its order denying SB Liberty's motion for preliminary injunction.

     2.  On page 18, at the end of footnote 11, add the following sentence:

It is undisputed that attorney Lepiscopo was not a member or manager of SB Liberty.

     3.  In the caption on page 1, the designation of SB Liberty, LLC as "Plaintiff and Respondent" is changed to "Plaintiff and Appellant," and the designation of Isla Verde Association, Inc. as "Defendant and Appellant" is changed to "Defendant and Respondent."

     4.  The counsel listing on page 1 is deleted and replaced with the following listing:

     Lepiscopo & Associates Law Firm and Peter D. Lepiscopo for Plaintiff and Appellant.

     Epsten Grinnell & Howell, William S. Budd; Gates, O'Doherty, Gonter & Guy, Thomas A. Scutti and Douglas D. Guy for Defendant and Respondent.

     There is no change in the judgment.

     Appellant's petition for rehearing is denied.

NARES, Acting P. J.

Copies to:  All parties