Austin v. Wiskel

Filed 11/30/05 Austin v. Wiskel CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

SALLY O. AUSTIN, H027669

Plaintiff and Respondent, (Santa Clara County

Superior Court

v. No. CV771376)

ESTHER T. WISKEL, et al., ORDER MODIFYING OPINION

AND DENYING REHEARING

Defendants and Appellants.

_____________________________________/

THE COURT:

It is ordered that the opinion filed herein on November 3, 2005, be modified by striking the sentence on page 7, lines 14-16 that reads: “Even in this context, defendants, as the prevailing parties, were entitled to recover their pre-election costs, and plaintiff was not entitled to recover her pre-election costs.” and replacing it with: “Even in this context, plaintiff was not entitled to recover her pre-election costs.”

This modification does not affect the judgment.

The petition for rehearing is denied.

Dated: ___________________________

Mihara, J.

_____________________________

Premo, Acting P.J.

_____________________________

McAdams, J.

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