Modification: Direct Capital Corporation v. Brooks

DIRECT CAPITAL CORPORATION,

Plaintiff and Respondent,

v.

GRANT BROOKS,

Defendant and Appellant.

No. C081349

(Super. Ct. Nos. STK-CV-UBC-2014-0006707, 39-2014-00313250-CU-BC-STK)

California Courts of Appeal

Third Appellate District

(San Joaquin)

Filed September 22, 2017

MODIFICATION OF OPINION

[NO CHANGE IN JUDGMENT]

CERTIFIED FOR PARTIAL PUBLICATION*

* Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of part II.

THE COURT:

It is ordered that the opinion filed herein on August 30, 2017, be modified as follows:

1. On page 9 in footnote 6, the last sentence of the footnote should be deleted and replaced with a sentence reading: “However, counsel should supply correct citations to LEXIS or Westlaw, unless they are not available in those or similar databases, in which case they should be presented by way of judicial notice.” The footnote shall now read:

^6. Grant cites to Arevalo as “U.S.A. v. Arevalo (2007) C-99-01143M-EDL.” The limitations on citing unpublished California cases (see Cal. Rules of Court, rule 8.1115) do not apply to unpublished federal cases (Farm Raised Salmon Cases (2008) 42 Cal.4th 1077, 1096, fn. 18). However, counsel should supply correct citations to LEXIS or Westlaw, unless they are not available in those or similar databases, in which case they should be presented by way of judicial notice.

2. On page 9, the citation to the Arevalo case in the first sentence of the first paragraph should be deleted and replaced with the citation “U.S. v. Arevalo (N.D.Cal., Aug. 1, 2007, C-99-01143M EDL) 2007 U.S. Dist. LEXIS 58724.” The sentence shall now read:

Grant cites an unpublished federal court case, U.S. v. Arevalo (N.D.Cal., Aug. 1, 2007, C-99-01143M EDL) 2007 U.S. Dist. LEXIS 58724 to support his contention about the meaning of the phrase “necessaries of life.”

This modification does not change the judgment.

FOR THE COURT:

/s/

Blease, Acting P. J.

/s/

Nicholson, J.

/s/

Duarte, J.