Ruling by
Jose S. CastilloLower Court
San Diego County Superior CourtLower Court Judge
David G. BrownCourt
California Courts of Appeal 4DCA/1Cite as
2023 DJDAR 9548Published
Sep. 15, 2023Filing Date
Sep. 13, 2023Opinion Type
ModificationDisposition Type
Reversed and RemandedCase Fully Briefed
Mar. 6, 2023
NORTH COAST VILLAGE CONDOMINIUM ASSOCIATION,
Plaintiff and Appellant,
v.
NANCY PHILLIPS,
Defendant and Appellant.
No. D079455
(Super. Ct. No. 37-2021-00005317-CU-PT-NC)
California Court of Appeal
Fourth Appellate District
Division One
Filed September 13, 2023
ORDER MODIFYING OPINION AND DENYING REHEARING
NO CHANGE IN JUDGMENT
THE COURT:
It is ordered that the opinion filed on August 23, 2023, be modified as follows:
1. On page 2, in the last sentence of the last paragraph, the phrase "further proceedings" is deleted and the phrase "a full rehearing on the Association's petition for a workplace violence restraining order" is inserted in its place.
2. On page 34, in the first sentence of the last paragraph, the phrase "for a full rehearing on the petition" is inserted at the end of the sentence so that the sentence reads:
For the foregoing reasons, we reverse the order denying the Association's workplace violence restraining order petition and remand to the trial court for a full rehearing on the petition.
3. On page 35, in the first sentence of the Disposition, the phrase "to the trial court with directions to conduct a new hearing on the Association's petition for a workplace violence restraining order" is inserted at the end of the sentence so that the full Disposition reads:
The judgment is reversed and remanded to the trial court with directions to conduct a new hearing on the Association's petition for a workplace violence restraining order. The parties shall each bear their own costs on appeal.
There is no change in judgment.
The petition for rehearing is denied.
BUCHANAN, Acting P. J.
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