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Filed 5/31/01

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

            The opinion filed May 21, 2001, is modified in the following particulars:

            1.  On page 4, at the end of the second full paragraph which concludes with the words, “. . . the related cases.”, insert what will be new footnote No. 1 which states:  “The parties have not addressed the question of whether it is legally permissible for a presiding judge to recuse an entire superior court.  Further, the parties have not addressed the issue of whether it was mandatory that an out of county judge be assigned to handle this matter.  Hence, we do not address these questions.”

            2.  On page 4, at the beginning of the third full paragraph, delete the following language:  “On June 20, 2000, pursuant to an order of the Chief Justice of the California Supreme Court, this case was transferred for further proceedings to the Orange County Superior Court.” 

            Insert in its place:  “On June 20, 2000, pursuant to an order of the Chief Justice of the California Supreme Court, an Orange County Superior Court judge was assigned to conduct further proceedings in this case.”

            3.  On page 6, change the reference to footnote No. 1 to footnote No. 2.

            4.  On page 6, change the reference to footnote No. 2 to footnote No. 3.

            5.  On page 7, change the reference to footnote No. 3 to footnote No. 4.

            6.  On page 15, eight lines from the bottom, delete the word “has” and insert the word “was”.

            7.  On page 15 on the last line, after the word “court” insert the following:  “because of a change of venue or the like.”

            8.  On page 16, in the ninth line from the bottom, after the word “mandate”, insert the words:  “in the superior court”.