Salazar

Salazar v. Thomas

Good Law
Court of Appeal of CaliforniaMay 29, 2015F067831MCalifornia10,680 words

Opinion

Opinion

Franson, J.

Filed 5/28/15 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

JAIME SALAZAR et al.,

F067831 & F068618

Plaintiffs, Cross-defendants and Appellants, (Super. Ct. No. CV-275572)

v.

ORDER MODIFYING OPINION AND

JACK THOMAS et al., DENYING REHEARING [NO CHANGE IN JUDGMENT] Defendants, Cross-complainants and Respondents.

THE COURT:

It is ordered that the following modification be made to the published portion of the opinion filed herein on May 1, 2015: On page 16 at the end of footnote 14 add the following sentences:

This assumption covers many of the specific facts that defendants’ petition for rehearing contends are “material” to this appeal. Moreover, defendants’ view of materiality is based on a legally erroneous view of the term “disturb” that focuses on the subjective impact of the notices of default on plaintiffs (i.e., whether it is emotionally troubling) and overlooks the need for a connection between the disturbance and the landowner’s current right to possession.

There is no change in the judgment. Respondents’…

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