Flagship Theatres v. Century Theatres
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Filed 9/29/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE FLAGSHIP THEATRES OF PALM DESERT, LLC, Plaintiff and Appellant, v. CENTURY THEATRES, INC. et al., B211597 (Los Angeles County Super. Ct. No. SC090481) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] Defendants and Respondents. THE COURT: IT IS ORDERED that the opinion filed herein on August 31, 2011, be modified in the following particulars: 1. On page 10, at the end of the citation in the second full paragraph, insert after p. 489 the following, so that it now reads: (Id. at p. 489; see generally 2A Areeda et al., Antitrust Law (3d ed. 2007) ¶ 337, pp. 82-96.) 2. On page 11, first full paragraph, insert a new footnote 8 after the quoted sentence ending with reason and before the citation (Id. at pp. 342-344.) Add as B211597 Flagship Theatres of Palm Desert, LLC v. 2 Century Theatres, Inc. et al. footnote 8 the following footnote text, which will require renumbering of all subsequent footnotes: We note that some lower courts have not used the term antitrust injury consistently, sometimes employing it comprehensively to include injuryin-fact caused by the defendant or the impact on competition of the defendant s alleged conduct. (2A Areeda et al., Antitrust Law (3d ed. 2007) ¶ 337a, p. 83; see generally id., pp. 83-84 & fns. 3, 4 [collecting cases].) We, however, use that term in the precisely focused sense of Brunswick. (Id., pp. 83-84.) On page 20, fourth line from the top, delete the text beginning with If it is, then still further questions arise and ending with the citation Sullivan & Grimes, supra, § 3.4b1, pp. 106-107.) This modification does not have an effect on the judgment. The petition for rehearing is denied. ___________________________________________________________________ MALLANO, P. J. ROTHSCHILD, J. JOHNSON, J.
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