Opinion
Page 533a
107 Cal.App.4th 533a ___Cal.Rptr.2d___ CITY OF HALF MOON BAY et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; JOYCE YAMAGIWA, as Trustee, etc., Real Party in Interest. A100099 California Court of Appeal, First District, Fourth Division March 27, 2003[Modification of opinion (106 Cal.App.4th 795; 131 Cal.Rptr.2d 21) on denial of petition for rehearing and depublication.]
This modification requires the movement of text affecting pages 802-807 of the bound volume report.
OPINION
THE COURT.
The opinion filed herein on February 28, 2003, is ordered modified as follows:
Opinion on page 11, footnote 11 [106 Cal.App.4th 805, advance report, fn. 11], add the following paragraphs to the end of the text of the footnote:
In supplemental exhibits submitted with its petition for rehearing, the commission seeks to show that after the trial court issued its decision but prior to its issuing the writ of mandate, the commission raised objections to Beachwood's proposed writ of mandate on the ground that it called for the City to "issue," rather than "approve" the CDP, and pointing out in those objections that the commission might have additional grounds to deny the CDP. The supplemental exhibits also show that, before issuing the writ of mandate, the trial court received copies of correspondence among the parties in which, among other things, the commission and the City took the position that the trial court should not make the ultimate decision for the City, but rather should remand the matter to the City for further proceedings consistent with the court's decision.
The time to submit supporting documents to this court was when the writ petition was filed, not at the time of a petition for rehearing. (Cal. Rules of Court, rule 56(c).) In any case, the recently submitted exhibits do not affect our conclusions, but support Beachwood's contention that the trial court expressly rejected the remand option.
The petition for rehearing filed by petitioner on March 17, 2003, is denied.
The alternative request made by petitioner in its petition for rehearing filed March 17, 2003, that this court reconsider its decision to publish its
Page 533b
opinion in the above referenced matter, is also denied and the opinion shall remain certified for publication.
There is no change in the judgment.