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1
2
3 SUPERIOR COURT OF CALIFORNIA
4 COUNTY OF SANTA CLARA
5 APPELLATE DIVISION
6
7 MICHAEL BOYD, Case No. 1-13-AP-001561
8 Plaintiff and Respondent, Trial Ct. No. 1-13-CV-239215
9 v.
10 BARBARA CARTER et al., ORDER MODIFYING OPINION AND
CERTIFYING OPINION FOR
11 Defendants and Appellants. PUBLICATION; NO CHANGE IN
JUDGMENT
12
13
14
15 The opinion filed June 9, 2014, is modified as follows:
16 1. On page 2, in the third full paragraph that begins with “On December 12, 2012,”
17 delete the second sentence that begins with “The Carters apparently paid” and replace it with the
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following sentence: “The Carters apparently paid this portion of the withheld December rent to
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Boyd after receiving the three-day notice.”
20 2. On page 6, in the paragraph that begins with “In an unlawful detainer
21
proceeding,” in the fourth sentence that begins with “In addition,” the phrase “Code of Civil
22 Procedure section 1174.2” should be replaced with “Code of Civil Procedure section 1174.2,
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subdivision (a)”.
24
3. On page 6, in the paragraph that begins with “In an unlawful detainer
25 proceeding,” in the fifth sentence that begins with “Civil Code section 1941,” delete the quoted
26 language and replace it with the following, as shown in quotes: “[t]he lessor of a building
27 intended for the occupation of human beings must, in the absence of an agreement to the
28