Schmidli v. Pearce

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Filed 11/5/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ---NANCY A. SCHMIDLI et al., C058270 Plaintiffs and Respondents, (Super. Ct. No. CV030409) v. RODNEY K. PEARCE et al., Defendants and Appellants. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed herein on October 13, 2009, be modified as follows: The first sentence of the second full paragraph on page 18 shall be deleted. The following sentence shall be inserted in its place: By codifying Ung, the Legislature clarified that a notice of default was not part of the record for purposes of determining the applicable statute of limitations under section 882.020. This modification does not change the judgment. 1 THE COURT: BLEASE , Acting P. J. NICHOLSON , J. ROBIE , J. 2

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