Golden Rain Foundation v. Franz (2008) 164 Cal.App.4th 652b

Golden Rain Foundation v. Franz (2008) 164 Cal.App.4th 652b [-- Cal.Rptr.3d --]

Golden Rain Foundation v. Franz (2008)164 Cal.App.4th 652b , -- Cal.Rptr.3d --

[No. G038758.
Fourth Dist., Div. Three.

Jul. 8, 2008.]

GOLDEN RAIN FOUNDATION, Plaintiff and Appellant, v. CAROL FRANZ et al., Defendants and Respondents.

[Modification of opinion (163 Cal.App.4th 1141) on denial of petition for rehearing.]

IKOLA, J.-

It is ordered that the opinion filed herein on June 10, 2008, be modified as follows:

On page 9, in the last paragraph [163 Cal.App.4th 1149, advance report, last par., lines 7-9], delete the sentence which begins with the phrase: The declaration of trust attaches . . . . Insert in its place the following:

The same three persons formed both GRF and Seal Beach Mutual No. 1 and, less than three months after Seal Beach Mutual No. 1 transferred the first soon-to-be Leisure World property to the trust by recording the declaration of trust, one of those persons executed the first GRF-Mutual management agreement on behalf of both GRF and Seal Beach Mutual No. 1. Similar management agreements between GRF and the other Mutuals followed thereafter.

In addition, on page 9 and 10, beginning in the last line of page 9 [163 Cal.App.4th 1149-1150, advance report, last par., lines 12-13, continuing on page 1150, lines 1-2], delete the sentence beginning with As it aptly noted, . . . and ends on page 10 with community facilites. Insert in its place the following:

As GRF aptly conceded in its annual report, [t]he sole purpose for the existence of [GRF] is to provide management, accounting and maintenance services to the sixteen mutual corporations and to care for the community facilities.

The petition for rehearing is DENIED.

There is no change in the judgment.

Rylaarsdam, Acting P. J., and Aronson, J., concurred.