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Modification: Mancini & Associates v. Schwetz

Ruling by

Arthur Gilbert

Lower Court

Ventura County Superior Court

Lower Court Judge

Kent M. Kellegrew
Civil Code Section 47(b) litigation privilege did not bar plaintiff's claims because defendant engaged in a course of tortious conduct depriving plaintiff of attorney fees.



Court

California Courts of Appeal 2DCA/6

Cite as

2019 DJDAR 9413

Published

Oct. 1, 2019

Filing Date

Sep. 30, 2019

Opinion Type

Modification


MANCINI & ASSOCIATES,

Plaintiff and Respondent,

v.

JASON SCHWETZ,

Defendant and Appellant.

 

2d Civil No. B290498

 

(Super. Ct. No. 56-2016-00485907-CU-NP-VTA)

(Ventura County)

California Courts of Appeal

Second Appellate District

Division Six

Filed September 30, 2019

 

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

 

THE COURT*:

It is ordered that the opinion filed herein on September 4, 2019, be modified as follows:

1. On page 1, the third full paragraph is deleted and the following paragraph is inserted in its place:

Thereafter, without the attorney's knowledge or consent, the client and the defendant prepare a document releasing the defendant from the pending judgment, including attorney fees and costs.

2. Starting at the bottom of page 4 and ending at the top of page 5, the following three sentences are deleted:

In ruling, the trial judge commented, "Something about this [factual situation] doesn't seem right. It's inconsistent. Sometimes I see this happen, this sort of resolution when there is evidence of a kind of romantic relationship that's been rekindled . . . ."

 

Appellant's petition for rehearing is denied.

There is no change in the judgment.

 

 

 

*Gilbert, P. J.

Yegan, J.

Tangeman, J.

#274011

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