IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
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KENDALL-JACKSON WINERY, LTD., Petitioner, v. THE SUPERIOR COURT OF STANISLAUS COUNTY, Respondent; E. & J. GALLO WINERY, Real Party in Interest. |
F033305
(Super. Ct. No. 153296)
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
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THE COURT:
It is ordered that the opinion filed herein on December 3, 1999 [__ Cal.App.4th __] be modified in the following particulars:
1. Under part C., the sixth and seventh paragraphs (pp. 15-16) are deleted and the following paragraph with footnote is inserted in their place:
Gallo contends additional considerations justify restricting the use of an unclean hands defense in a malicious prosecution action. Citing
2. Under part C., in the ninth paragraph (p. 17), the citation appearing after the second sentence is modified to read as follows: (
Downey Venture v. LMI Ins. Co. (1998) 66 Cal.App.4th 478, 493.)This modification does not effect a change in the judgment.
The petition for rehearing filed by E. & J. Gallo Winery is denied.
Thaxter, Acting P.J.
I CONCUR:
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Harris, J.