Saks v. Charity Mission Baptist Church (2001)

LAWRENCE SAKS, Plaintiff and Appellant, v. CHARITY MISSION BAPTIST CHURCH, Defendant and Appellant.

[No. B092393. Second Dist., Div. Four. Aug. 21, 2001.]

CHARITY MISSION BAPTIST CHURCH, Plaintiff and Appellant, v. LAWRENCE SAKS, Defendant and Respondent.

[Modification of opinion (90 Cal. App. 4th 1116; 110 Cal.Rptr.2d 45) on denial of petition for rehearing.]

THE COURT. fn. † --

It is ordered that the opinion filed herein on July 23, 2001, be modified as follows:

1. On line 2 of the title page change "Reversed" to:

Affirmed in part and reversed in part.

2. On page 32, the second line of the last paragraph [90 Cal. App. 4th 1142, advance report, 2d par., line 2], insert after the word "verdict" the following:

on Dr. Saks's breach of contract and fraud claims against the Church

3. On page 41, line 1 [90 Cal. App. 4th 1148, lines 6-7], the words "Had our decision on Dr. Saks's fraud and breach of contract claims not rendered the equitable issues raised by the Church moot," is inserted before the word "Application" and the words "would be" is inserted in place of the word "is" so that line 1 now reads: [91 Cal. App. 4th 772d]

Had our decision on the fraud and breach of contract claims not rendered the equitable issues raised by the Church moot, application of this rule would be

4. On page 44 [90 Cal. App. 4th 1150, advance report], the paragraph after the title "Disposition" is deleted and the following is inserted in its place:

The judgment in favor of respondent Lawrence Saks, M.D., and against appellant Charity Mission Baptist Church on Dr. Saks's complaint is reversed. The judgment is affirmed in all other respects. The Church is to recover its costs on appeal.

There is a change in the judgment.

Respondent's petition for rehearing filed August 7, 2000, has been read and considered and is hereby denied.

FN †. Before Epstein, Acting P.J., Hastings, J., and Curry, J.

s, J., and Curry, J.