Filed 2/25/98

BIRBROWER, MONTALBANO, )

CONDON & FRANK, p.c., et al., )

)

Petitioners, )

) S057125

v. )

) Ct. App. 6 H014880

THE SUPERIOR COURT OF SANTA )

CLARA COUNTY, )

) Santa Clara County

Respondent; ) Super. Ct. No. CV737595

)

ESQ BUSINESS SERVICES, INC., )

) ORDER MODIFYING OPINION

Real Party in Interest. ) (NO CHANGE IN JUDGMENT)

____________________________________)

BY THE COURT:

The opinion herein appearing at 17 Cal.4th 119 is modified as follows:

Add the following language after the first sentence and citation on page 131: "Likewise, the Act does not apply to the preparation of or participation in labor negotiations and arbitrations arising under collective bargaining agreements in industries subject to federal law. (See, e.g., Teamsters Local v. Lucas Flour Co. (1962) 369 U.S. 95, 103; see also Labor-Management Relations Act of 1947, 29 U.S.C. § 185(a).)"

This modification does not affect the judgment.