Filed 1/7/99

CERTIFIED FOR PUBLICATION

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND APPELLATE DISTRICT

 

DIVISION TWO

 

 

CARY STEPHEN WINOGRAD,

 

Plaintiff and Appellant,

 

v.

 

AMERICAN BROADCASTING COMPANY,

 

Defendant and Respondent.

 

B104031

 

(Super. Ct. No. SS006619)

ORDER MODIFYING OPINION

   

 

THE COURT:*

It is ordered that the opinion filed herein on December 10, 1998, be modified in the following particulars:

 

1. On page 8:

Add the following as footnote one on page 8, line 2, sentence ending

" . . . as 1-05-95 is no longer valid."

"The five-year date was actually extended to January 1, 1995, but the four day discrepancy in Judge Fujisaki’s minute order is immaterial."

 

2. All subsequent footnotes should be re-numbered accordingly.

 

This modification does not effect a change in the judgment.