Filed 3/11/09

IN THE SUPREME COURT OF CALIFORNIA

RICHARD A. SCHATZ, )

)

Plaintiff and Respondent, )

) S150371

v. )

) Ct.App. 4/1 D047347

ALLEN MATKINS LECK GAMBLE )

& MALLORY LLP, )

) San Diego County

Defendant and Appellant. ) Super. Ct. No. GIN045182

)

MODIFICATION OF OPINION

THE COURT:

The opinion herein, filed on January 26, 2009, and appearing at 45 Cal.4th 557, is modified as follows:

The first full paragraph on page 563 of the filed opinion is modified to read:

“In February 2000, without entering into another agreement, Dr. Schatz retained Allen Matkins to represent him in an easement dispute with a different party or parties affecting the rear access road to his Rancho Santa Fe home. Dr. Schatz paid Allen Matkins $179,088.69 in fees and costs incurred in the matter . . . . Allen Matkins proceeded to trial . . . , and in an April 2003 letter to Dr. Schatz, it demanded [an additional] $169,917.42 in outstanding fees and costs so ‘arbitration will not be necessary.’ ”

This modification does not affect the judgment.