BART ENTERPRISES INTERNAT. LTD. v. GALLAGHER

No. B266401.

BART ENTERPRISES INTERNATIONAL, Ltd., Plaintiff and Appellant, v. AIS GALLAGHER et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

June 19, 2017.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed on May 30, 2017, in the above-entitled matter be modified as follows:

1. On page 17, the first full paragraph, beginning "It is undisputed" is deleted, and the following paragraph is inserted in its place:

While the case for concluding plaintiff knew he may have been wronged by defendants would be even stronger as of May 18, 2011, the date of the theft (see Foxborough v. Van Atta (1994) 26 Cal.App.4th 217), we conclude for the reasons already stated that plaintiff was aware of facts by May 13, 2011, that would put a reasonable person "on inquiry" and cause an investigation to be conducted. We therefore hold plaintiff filed its lawsuit outside of the statutory period and summary judgment was correctly granted. Because of this result, we do not address plaintiff's remaining claims on appeal.

2. On page 17, the paragraph commencing at the bottom of the page with "We come to this particular conclusion" through line 13 of page 19, ending with "appeal" is deleted.

There is no change in the judgment. Appellants' petition for rehearing is denied.

KRIEGLER, Acting P. J., BAKER, J., LANDIN, J.*

* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.


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