Filed 9/22/17 (unmodified opinion attached) CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ---- DIRECT CAPITAL CORPORATION, C081349 Plaintiff and Respondent, (Super. Ct. Nos. STK-CV- UBC-2014-0006707, 39-2014- v. 00313250-CU-BC-STK) GRANT BROOKS, MODIFICATION OF OPINION Defendant and Appellant. [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed herein on August 30, 2017, be modified as follows: * Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of part II. 1 1. On page 9 in footnote 6, the last sentence of the footnote should be deleted and replaced with a sentence reading: “However, counsel should supply correct citations to LEXIS or Westlaw, unless they are not available in those or similar databases, in which case they should be presented by way of judicial notice.” The footnote shall now read: 6. Grant cites to Arevalo as “U.S.A. v. Arevalo (2007) C-99-01143M-EDL.” The limitations on citing unpublished California cases (see Cal. Rules of Court, rule 8.1115) do not apply to unpublished federal cases (Farm Raised Salmon Cases (2008) 42 Cal.4th 1077, 1096, fn. 18). However, counsel should supply correct citations to LEXIS or Westlaw, unless they are not available in those or similar databases, in which case they should be presented by way of judicial notice. 2. On page 9, the citation to the Arevalo case in the first sentence of the first paragraph should be deleted and replaced with the citation “U.S. v. Arevalo (N.D.Cal., Aug. 1, 2007, C-99-01143M EDL) 2007 U.S. Dist. LEXIS 58724.” The sentence shall now read: Grant cites an unpublished federal court case, U.S. v. Arevalo (N.D.Cal., Aug. 1, 2007, C-99-01143M EDL) 2007 U.S. Dist. LEXIS 58724 to support his contention about the meaning of the phrase “necessaries of life.” 2 This modification does not change the judgment. FOR THE COURT: /s/ Blease, Acting P. J. /s/ Nicholson, J. /s/ Duarte, J. 3 Filed 8/30/17 (unmodified version) CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ---- DIRECT CAPITAL CORPORATION, C081349 Plaintiff and Respondent, (Super. Ct. Nos. STK-CV- UBC-2014-0006707, 39-2014- v. 00313250-CU-BC-STK) GRANT BROOKS, Defendant and Appellant. APPEAL from a judgment of the Superior Court of San Joaquin County, Linda L. Lofthus, Judge. Affirmed. Law Offices of Douglas S. Srulowtiz and Douglas S. Srulowitz for Defendant and Appellant. Ferns Adams & Associates and Amanda N. Ferns for Plaintiff and Respondent. * Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of part II. 1 Disregarding procedural asides raised by the parties, this appeal turns on the distinction between “necessaries of life” and “common necessaries of life” as those phrases are used in different parts of Family Code section 914,1 and which of the two governs when a person is or is not liable for a debt incurred by a spouse. Here, the trial ...
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