Davis

Filed 6/19/15 (unmodified opinion attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

STEPHEN K. DAVIS, F068477

Plaintiff and Appellant, (Super. Ct. No. 12CECG03718)

v. ORDER MODIFYING OPINION [No Change in Judgment] FRESNO UNIFIED SCHOOL DISTRICT et al.,

Defendants and Respondents.

THE COURT:

It is ordered that the published opinion filed herein on June 1, 2015, be modified as follows:

1. On page 3, the second sentence of the first paragraph under the facts heading, change “In September 2012” to “On September 26, 2012.”

2. At the end of the last paragraph on page 4, the last two sentences beginning “However, consistent” and ending with “in fact, terminated,” are deleted and the following sentences are inserted in their place.

However, consistent with Davis’s allegations of fact, Fresno Unified’s opening brief acknowledged the Facilities Lease was in effect only during the construction of the school facilities and its counsel confirmed during oral argument that a phased…