Peake

Filed 7/17/14 (unmodified opn. attached)

CERTIFIED FOR PARTIAL PUBLICATION*

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

JOANNE PEAKE, et al., D061267

Plaintiffs and Appellants, (Super. Ct. No. 37-2010-00085519-

CU-OR-CTL)

v.

ORDER MODIFYING OPINION

MARVIEL UNDERWOOD, et al., AND DENYING REQUEST FOR

REHEARING

Defendants and Respondents. [NO CHANGE IN JUDGMENT]

THE COURT:

Appellants' petition for rehearing is DENIED.

It is ordered that the opinion filed herein on June 25, 2014, be modified as follows:

1. On page 3, the third sentence of the second paragraph is deleted and

replaced with the following sentence:

However, as we shall explain, the court's exercise of discretion was

justified for several reasons particular to this case, including that Peake's claims

were inconsistent with the admitted facts and well-settled law, and the record

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of Discussion part II. reflects that Peake's trial counsel had no reasonable…