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Filed 4/8/05
CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE

NICHOLAS FRANCIES,
A102260, A103738

Plaintiff and Appellant,
(City & County of San Francisco
v.
Super. Ct. No. 990271)

WILLIAM KAPLA,
ORDER MODIFYING OPINION

Defendant and Appellant.
[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on March 30, 2005, be modified in the following
particulars:

1) On page 4, the last two sentences of the Factual and Procedural Background are
deleted and replaced with the following sentence and footnote:
Following the entry of judgment both Francies and Kapla filed timely notices of
appeal and cross-appeal.3
3 Kapla filed two notices of appeal: the first from the judgment and the second
from the trial court's postjudgment order settling his objections to Francies's cost
bill. Kapla's appeals have been consolidated for all purposes.
This footnote will require renumbering of all subsequent footnotes.

2) On page 4, heading I. of the Discussion is changed from "Kapla's Appeal (A102260)"
to "Liability Issues."

3) On page 18, heading II. of the Discussion is changed from "Francies's Appeal
(A103738)" to "Issues Regarding Recoverable Damages."

This modification does not effect a change in the judgment.

Dated:
_______________________
P.
J.

Trial court:
City and County of San Francisco, No. 990271

Trial judge:
Honorable Anne Bouliane

Counsel for Plaintiff and Appellant:
DELL'ARIO & LeBOEUF, P.C.,

A. Charles Dell' Ario and Jacques LeBoeuf

BENNETT, JOHNSON & GALLER,
Richard C. Bennett and Todd A. Walburg

Counsel for Defendant and Appellant: ALLEN MATKINS LECK GAMBLE &
MALLORY LLP,
Robert R. Moore, Michael J. Betz, and
Gary A. Sloboda

A102260, A103738