Filed 3/23/09

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

ANSCHUTZ ENTERTAINMENT GROUP, INC. et al.,

Plaintiffs and Respondents,

v.

FRANK W. SNEPP, III et al.,

Defendants and Appellants.

B206789

(Los Angeles County

Super. Ct. Nos. BC370870 &

BC372675)

ORDERS MODIFYING OPINION

AND DENYING REHEARING

PETITION

[NO CHANGE IN JUDGMENT]

The opinion filed February 25, 2009, is modified as follows:

1. On page 2, line 14, delete “motion” and insert “motions”.

2. On page 7, line 8, delete “motion” and insert “motions”.

3. On page 7, line 8, delete “which was deemed to apply to both complaints”.

4. On page 7, line 9, delete “MOTION” and insert “MOTIONS”.

5. On page 7, line, 11 delete “complaints” and insert “first complaint”.

6. On page 7, at the end of the first full paragraph, insert “On July 31, 2007, defendants filed their special motion to strike the second complaint. Defendants reiterated the previously asserted grounds for striking the first complaint as reasons to specially strike the second complaint. In addition, defendants asserted the second complaint amounted to an impermissible amendment and there were defects in the retraction demand.”

7. On page 7, line 21, before the word “ and,” insert “the second complaint was an improper amendment;”.

8. On page 44, line 4, delete “motion” and insert “motions”.

9. On page 44, line 11, delete “motion” and insert “motions”.

10. On page 51, on the second line from the bottom, delete “Two” and insert “Three”.

11. On page 52, at the end of the first paragraph, insert, “Finally, we only conclude plaintiffs have made a prima facie showing as to the merits of their claims. Whether they can prevail on the merits of those claims will be resolved in future litigation.”

12. On page 80, line 3, delete “motion” and insert “motions”.

Defendants’ rehearing petition is denied.

________________________________

TURNER, P. J. _________________________________

KRIEGLER, J.