Modification: Palmieri v. Cal. State Personnel Bd.

PAMELA J. PALMIERI,

Plaintiff and Appellant,

v.

CALIFORNIA STATE PERSONNEL BOARD,

Defendant and Respondent;

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION,

Real Party in Interest and Respondent.

No. C082508

(Super. Ct. No. 34-2013-80001437-CU-WN-GDS)

California Courts of Appeal

Third Appellate District

(Sacramento)

MODIFICATION OF OPINION

[NO CHANGE IN JUDGMENT]

THE COURT:

On the court's own motion, it is ordered that the opinion filed herein on October 31, 2018, be modified as follows:

1. On page 4 under the heading "Count 3," the first occurrence of the word "her" in the first sentence is to be deleted.

The sentence shall now read:

Twice in August 2007 Palmieri was instructed to keep her Outlook calendar updated.

2. On page 10 in the first partial paragraph beginning with the parenthetical citations, in the bracketed portion of citation to 98 C.J.S. (2018) Witnesses, § 120, the word "objection" is to be inserted after the word "competency.:

The parenthetical citation shall now read:

(Bear River & Auburn Water & Mining Co. v. Boles (1864) 24 Cal. 359, 363; see Kinley v. Largent (1921) 187 Cal. 71, 74 [" 'All objection to the competency of a witness . . . will be deemed waived if it is not made at the time the evidence is given' "]; 98 C.J.S. (2018) Witnesses, § 120 [a competency objection usually must be lodged before a witness testifies]; 1 McCormick on Evidence (7th ed. 2016) Competency, § 70 [same].)

This modification does not change the judgment.

FOR THE COURT:

/s/

Duarte, Acting P. J.

/s/

Hoch, J.

/s/

Renner, J.