Smith v. Cal. State Personnel Board CA4/2

Filed 2/10/22 Smith v. Cal. State Personnel Board CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

T. FITZGERALD SMITH,

E074300

Plaintiff and Appellant, (Super. Ct. No. CIVDS1908082) v.

ORDER MODIFYING OPINION

CALIFORNIA STATE PERSONNEL AND DENYING PETITION BOARD, FOR REHEARING [NO CHANGE IN JUDGMENT] Defendant and Respondent;

CALIFORNIA UNEMPLOYMENT

INSURANCE APPEALS BOARD,

Real Party in Interest and Respondent.

Appellant T. Fitzgerald Smith’s petition for rehearing is denied. The opinion filed

in this matter on January 24, 2022, is modified as follows:

The following footnote is added to at the end of the last sentence in section IV.B.

of the opinion:

1 “In his reply brief,…