Grand Prospect Partners v. Ross Dress for Less

Filed 2/9/15; unmodified opn. attached

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

GRAND PROSPECT PARTNERS, L.P.,

F067327

Plaintiff, Cross-Defendant and Respondent, (Super. Ct. No. VCU237296) v.

ORDER MODIFYING OPINION

ROSS DRESS FOR LESS, INC. et al., AND DENYING REHEARING

Defendants, Cross-Complainants and [CHANGE IN JUDGMENT] Appellants.

THE COURT:

It is ordered that the opinion filed herein on January 12, 2015, be modified as follows: 1. On page 41, after the first full paragraph, but before the Disposition, the following nonpublished section and paragraphs that follow are inserted:

VI. ADDITIONAL ISSUES*

A. Unchallenged Jury Instructions Grand Prospect’s petition for rehearing contends this court cannot modify the judgment to eliminate damages that arose after Ross’s purported termination of

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of part VI. * See footnote, ante, page 1. the Lease because any modification would be inconsistent with the unchallenged jury…