Forthmann v. Boyer (2002)

ANDREW KEATING FORTHMANN, as Cotrustee, etc., et al., Plaintiffs and Respondents, v. JOHN F. BOYER, Defendant and Appellant.

[Modification fn. * of opinion (97 Cal.App.4th 977).]

THE COURT.-

It is ordered that the opinion filed herein on April 18, 2002, 2001, be modified in the following particulars:

Page 3 [97 Cal. App. 4th 981, advance report], at the beginning of footnote 5, add the sentence "The hearing on the accounting was continued twice." so that footnote five reads as follows:

The hearing on the accounting was continued twice. The record is unclear as to who requested these continuances. However, the record does reflect that notice of the first continuance to September 11, 2000, was sent out by counsel for Boyer; notice of the continuance to October 30, 2000 was sent out by counsel for the trustees. The record also reflects that the trustees filed a supplement to the 1999 Accounting on July 5, 2000, and a second supplement on September 7, 2000. These filings may well have contributed to the need to continue the hearing dates.

Page 15, first full paragraph, line 12 [97 Cal. App. 4th 988, advance report, 3d par., line 13], change "213-day" to "210-day" so that line twelve reads as follows: "discovery he sought was relevant, or that the denial of a 210-day continuance to conduct"

There is no change in the judgment.

FN *. This modification requires the movement of text affecting pages 981-989 of the bound volume report.