NOP 560 Mission v. Murphy's Deli Franchising CA1/5 filed

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Filed 3/9/11 NOP 560 Mission v. Murphy s Deli Franchising CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE NOP 560 MISSION LLC, Cross-complainant and Appellant, A126352 v. (City & County of San Francisco Super. Ct. No. 473750) MURPHY S DELI FRANCHISING et al., Cross-defendants and Respondents. _________________________________________/ ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING THE COURT: It is ordered that the opinion filed on February 16, 2011, be modified as follows: On page 1, the caption is modified to read as follows: NOP 560 MISSION LLC, Cross-complainant and Appellant. On page 2, third paragraph, line 2, the word arsie is deleted and replaced with arise. On page 16, first paragraph, lines 9 and 10, delete the sentence that reads: Here, cross-defendants did not allege and have not established their conduct falls within section 425.16, subdivisions (e)(1) or (2) and replace with the following: Here, cross1 defendants have not established that their conduct falls within section 425.16, subdivisions (e)(1) or (2). On page 16, second paragraph, line 3, delete [MDF]. The petition for rehearing is denied. This modification does not change the judgment. Dated: ___________ ____________________________ P.J. 2

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