Vanderpol v. Starr

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Filed 4/21/11 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA EUGENE VANDERPOL et al., D056599 Plaintiffs, Cross-Defendants and Respondents, v. FRED STARR et al., (Super. Ct. No. 37-2008-00054578CU-PO-NC) No Change in Judgment Defendants, Cross-Complainants and Appellants. THE COURT: The opinion filed April 15, 2011, is modified as follows: At Discussion D, ninth paragraph beginning with "Our conclusion" and ending with "italics added.)" (slip opn. pp. 14-15), replace "Ennabe v. Manosa (2010) 190 Cal.App.4th 707, 713" with "Kalway v. City of Berkeley (2007) 151 Cal.App.4th 827, 833" [quoted text, quotation marks and italics remain the same] There is no change in the judgment. BENKE, Acting P. J. Copies to: All parties

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