Modification: Baker-Smith v. Skolnick

MACKENZIE BAKER-SMITH,

Plaintiff and Appellant,

v.

DROR SKOLNICK et al.,

Defendants and Respondents.

No. B282946

California Courts of Appeal

Second Appellate District

Division Eight

Filed July 29, 2019

THE COURT:

Good cause appearing, the opinion in the above entitled matter, filed on July 9, 2019, Certified for Publication, is hereby modified as follows:

On page 10, in the last paragraph and after the sentence ending "based on these facts," insert the following sentences:

We hold the particular excuse Skolnick gave at trial was legally insufficient to warrant the excuse instruction. We have no opinion whether new or difference facts would support the instruction at a retrial.

The petition for rehearing is denied. [There is no change in the judgment.]

BIGELOW, P. J.

STRATTON, J.

WILEY, J.