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Modification: Divine Food and Catering v. Western Diocese of the Armenian

Ruling by

Helen I. Bendix

Lower Court

Los Angeles County Superior Court

Lower Court Judge

Curtis A. Kin
Plaintiff's malicious prosecution action had minimal merit since court's statements regarding defendants' purported oral lease were not a judgment or verdict sufficient to trigger the interim adverse judgment rule.



Court

California Courts of Appeal 2DCA/1

Cite as

2023 DJDAR 7354

Published

Jul. 19, 2023

Filing Date

Jul. 18, 2023

Opinion Type

Modification


DIVINE FOOD AND CATERING, LLC,

Plaintiff and Appellant,

v.

WESTERN DIOCESE OF THE ARMENIAN CHURCH OF NORTH AMERICA et al.,

Defendants and Respondents.

 

Nos. B321087, B321605

(Los Angeles County Super. Ct. No. 21STCV38713)

California Court of Appeal

Second Appellate District

Division One

Filed July 18, 2023

 

ORDER MODIFYING

OPINION AND DENYING

PETITION FOR REHEARING

(NO CHANGE IN JUDGMENT)

 

THE COURT:

The opinion filed June 28, 2023 is modified as follows:

1. On page 3, in the first sentence of the second full paragraph, "actual judgments and rulings on dispositive motions" shall be changed to "actual judgments and rulings on motions".

2. On page 21, the first sentence of the first full paragraph shall be changed from "Unlike in Hart, the unlawful detainer court in the instant case never denied a motion for judgment, nor indeed denied any dispositive motion at all." to "Unlike in Hart, the unlawful detainer court in the instant case never denied a motion for judgment."

3. On page 23, the first full paragraph, beginning "Also, to the extent trial events . . . ," shall be deleted in its entirety.

4. On page 24, in the first full sentence, "When the trial court denies a dispositive motion" shall be changed to "When the trial court rules on a motion".

5. On page 24, in the first sentence of the first full paragraph, "For all these reasons" shall be changed to "For these reasons".

There is no change in judgment. Respondents' petition for rehearing is denied.

CERTIFIED FOR PUBLICATION.

 

ROTHSCHILD, P. J. CHANEY, J. BENDIX, J.

 

#281370

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