No. C089338.

55 Cal.App.5th 857 (2020)

LOUISE A. GOMEZ, Plaintiff and Respondent, v. TAMMY J. SMITH, Defendant and Appellant.

Court of Appeals of California, Third District.

October 19, 2020.

[Modification of opinion (54 Cal.App.5th 1016; ___ Cal.Rptr.3d ___), upon denial of rehearing.]

THE COURT.—IT IS ORDERED that the opinion filed herein on September 22, 2020, be modified as follows:

2. On page 3 [54 Cal.App.5th 1020, advance report, last par.], delete the first paragraph under part I A of the Factual and Procedural Background and replace it with the following:

Louise and Frank married in November 2014. In 2015, Frank had surgery to correct an abdominal aortic aneurysm. Prior to the surgery, Frank went to see an attorney, Clarence McProud; Frank told Louise "he wanted to be sure that [she] was okay and taken care of if anything happened to him." Frank had a stroke in either 2015 or January 2016.2 He was admitted to the hospital on July 14, 2016, and was thereafter transferred to a nursing home.

2. On page 15 [54 Cal.App.5th 1031, advance report, 1st partial par., line 8], in the second paragraph, last line on the page, delete "Frank and Louise Gomez 1998 Revocable Trust" and replace it with Frank and Beverly Gomez 1998 Revocable Trust.

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


2. All further date references are to 2016 unless otherwise specified.


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