O'Donoghue

O'Donoghue v. Super. Ct.

Good Law
Court of Appeal of CaliforniaSeptember 27, 2013A137996MCalifornia8,858 words

Opinion

Opinion

Filed 9/27/13 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

PARAIC O’DONOGHUE et al.,

Petitioners, A137996

v. (San Francisco City & County Super. Ct. No. CGC09494591)

SUPERIOR COURT OF THE COUNTY

OF SAN FRANCISCO,

Respondent,

PERFORMING ARTS, LLC,

Real Party in Interest. ______________________________________/

ORDER MODIFYING OPINION AND DENYING

PETITION FOR REHEARING

THE COURT:

The opinion filed on August 29, 2013, is modified as follows: On page 3, paragraph two, first sentence, delete the word “defendants” and replace with “Market Associates” On page 9, third paragraph, the citation to Greenbriar Homes Communities, Inc. v. Superior Court should read: (2004) 117 Cal.App.4th 337, 344

1 On page 11, the first full paragraph, line 5, the sentence should read: “We reject defendants‟ claim that paragraph 5.11 does not waive their right to a jury trial because it does not contain explicit language regarding such waiver.” The petition for rehearing is denied. This modification does not…

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