Filed 6/3/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

DAVE NICHOLLS,

Plaintiff and Appellant,

v.

HOLIDAY PANAY MARINA, L.P.,

Defendant and Respondent.

B202356

(Los Angeles County

Super. Ct. No. SC089574)

ORDER MODIFYING OPINION

[No Change in Judgment]

GOOD CAUSE appearing, the opinion filed in the above entitled matter on May 5, 2009, is modified as follows:

On page 1, the second line in the first paragraph, the sentence “Josh M. Fredericks, Judge.” is deleted, and is replaced with: “Patricia B. Collins, Judge.”

No change in judgment.

______________________________________________________________________

RUBIN, ACTING P. J. FLIER, J.