Modification: Pott v. Lazarin

LAWRENCE POTT et al.,

Plaintiffs and Respondents,

v.

MICHAEL LAZARIN,

Defendant and Appellant.

No. H044587

(Santa Clara County

Super. Ct. No. 16CV300206)

California Courts of Appeal

Sixth Appellate District

Filed May 21, 2020

ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on March 30, 2020, be modified as follows:

1. On page 10, first full paragraph, lines 7 and 8 and the last line, change "speech" to "use";

2. On page 10, last incomplete paragraph, line 1, change "speech" to "use";

3. On page 11, first full paragraph, line 13, delete "in exchange for money";

4. On page 11, last full paragraph, lines 3 and 4, replace "relate to a transaction involving products" with "relate to products";

5. On page 11, last full paragraph, on both lines 5 and 7, change "speech" to "use";

6. On page 12, first full paragraph, line 3, replace "cannot be deemed commercial speech" with "was speech protected by the First Amendment."; and

7. On page 12, first full paragraph, line 4, replace "speech" with "use."

This modification does not affect the judgment.

The petition for rehearing is denied.

Mihara, J.

Premo, Acting P. J.

Elia, J.

Trial Court: Santa Clara County Superior Court

Trial Judge: Honorable Mary Arand

Attorneys for Plaintiffs and Respondents:

Robert Edward Freitas

Kayla A. Odom

Freitas & Weinberg LLP

Attorney for Defendant and Appellant:

Carleton L. Briggs

Law Offices of Carleton L. Briggs