Opinion
No. S234148.
11-01-2017
CALIFORNIA CANNABIS COALITION et al., Plaintiffs and Appellants, v. CITY OF UPLAND et al., Defendants and Respondents.
[Modification of opinion (3 Cal.5th 924; 222 Cal.Rptr.3d 210, 401 P.3d 49, upon denial of rehearing).]
THE COURT. — The opinion in this matter filed on August 28, 2017, and appearing in the California Official Reports at 3 Cal.5th 924 [222 Cal.Rptr.3d 210, 401 P.3d 49], is modified as follows:
At the end of the paragraph beginning at the bottom of page 931 and ending at the top of page 932 [advance report, 1st par., line 10], the following footnote is added:
On October 13, 2017, the Governor signed Assembly Bill No. 765 (2017-2018 Reg. Sess.), repealing section 9214 effective January 1, 2018. (Stats. 2017, ch. 748, § 6.) After the bill's effective date, initiative proponents will no longer be able to request a special election. Nonetheless, a city council may still choose to hold a special election on an ordinance proposed by initiative petition. (§ 1405, subd. (b), as amended by Stats. 2017, ch. 748, § 1, eff. Jan. 1, 2018.) Repeal of section 9214 has no effect on the parties' rights and obligations in this action. This modification does not affect the judgment.
The petition for rehearing, filed on September 12, 2017, is denied.