Opinion
Page 1403a
103 Cal.App.4th 1403a ___Cal.Rptr.2d___ WILLIAM BUNKER, Plaintiff and Appellant, v. COUNTY OF ORANGE et al., Defendants and Respondents. G029383 California Court of Appeal, Fourth District, Third Division December 5, 2002[Modification of opinion (103 Cal.App.4th 542; 126 Cal.Rptr.2d 825).]
This modification requires the movement of text affecting pages 550-553 of the bound volume report.
OPINION
SILLS, P. J.
The petition for rehearing is DENIED. The opinion filed November 6, 2002, is hereby modified as follows:
Opinion on page 9 of the slip opinion, at the bottom of the page after the sentence ending with the words "send the notices required by section (1604(e) and 2635" [103 Cal.App.4th 550, advance report], insert the following new footnote 2:
"Subdivision (e) was not added to section 1604 until 1995. In this appeal from a judgment after a sustained demurrer on the ground that the case is an impermissible class claim for a property tax refund, the county has not briefed the question of whether an order requiring compliance with section 1604, subdivision (e) might somehow constitute the retroactive application of the statute. We do not need to deal with the issue in this appeal, which can await further proceedings in the trial court."
All later footnotes should be correspondingly renumbered.
This modification does not change the judgment.
Rylaarsdam, J., and O'Leary, J., concurred.