Marr. of Fossum
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1 Filed 2/10/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE In re the Marriage of B214824 SANDRA and EDWARD FOSSUM. ___________________________________ (Los Angeles County Super. Ct. No. BD382683) SANDRA FOSSUM, ORDER MODIFYING OPINION (Scott M. Gordon, Judge) Respondent, v. [NO CHANGE IN JUDGMENT] EDWARD FOSSUM. Appellant. . THE COURT: IT IS ORDERED that the Concurring and Dissenting opinion by Justice Rothschild, as Acting Presiding Justice, filed on January 28, 2011, be modified in the following particulars: 1. On page 1, second paragraph, insert the following text before the end of the first sentence (and the majority does not hold that it is self-executing), so that the sentence now reads: Assuming that Family Code section 1101, subdivision (g), does provide for a mandatory award of attorney fees, the statue is not self-executing (and the majority does not hold that it is self-executing). 1 2 2. On page 1, before the last sentence of the second paragraph, add a new sentence as follows: I therefore disagree with the majority s decision not to treat the issue as forfeited. 3. On page 1, last sentence of the second paragraph, delete therefore between the words should and affirm so the sentence reads: We should affirm the trial court s decision not to award attorney fees in connection with Sandra s breach of fiduciary duty. This modification does not constitute a change in the judgment. ___________________________________________________________________ ROTHSCHILD, Acting P. J. 2
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