Costa Mesa City Employees' Association v. City of Costa Mesa

Full title: COSTA MESA CITY EMPLOYEES’ ASSOCIATION, Plaintiff and Respondent, v. CITY…

Court: California Court of Appeals, Fourth District, Third Division

Date published: Oct 10, 2012

No. G045730 (Cal. Ct. App. Oct. 10, 2012)

Opinion

Page 937a

209 Cal.App.4th 937a __ Cal.Rptr.3d __ COSTA MESA CITY EMPLOYEES’ ASSOCIATION, Plaintiff and Respondent, v. CITY OF COSTA MESA et al., Defendants and Appellants. G045730 California Court of Appeals, Fourth District, Third Division October 10, 2012

Super. Ct. No. 30-2011-00475281

MODIFICATION OF OPINION

BEDSWORTH, ACTING P. J.

It is ordered that the opinion filed herein on August 17, 2012, 209 Cal.App.4th 298; __ Cal.Rptr.3d __ [209 Cal.App.4th 298, advance report], be modified in the following particulars:

1. On page 8, first full paragraph beginning with “If the threshold" [209 Cal.App.4th 306, advance report, 1st full par., line 3], after the double quotation mark, remove the internal quotation mark so it reads as follows: “(1) the likelihood that the moving party will ultimately prevail on the merits....”

2. On page 8, at the end of the quoted sentence [209 Cal.App.4th 306, advance report, 1st full par., line 6], after the word “injunction” delete the single quotation mark and the word “[Citation.]” and replace with the following end quotation mark (”) and add the following citation: “(Butt v. State of California (1992) 4 Cal.4th 668, 677-678 [15 Cal.Rptr.2d 480, 842 P.2d 1240].)"

3. On page 8, same paragraph [209 Cal.App.4th 306, advance report, 1st full par., line 8], after the phrase “constituted an abuse of discretion” delete the word “[Citation.]” and replace with “(Ibid.).”

4. On page 8, same paragraph [209 Cal.App.4th 306, advance report, 1st full par., line 9], after the word “However, ” delete the single quotation mark and replace with a double quotation mark so it reads: “[t]o the extent that the trial courts....”

5. On page 8, same paragraph [209 Cal.App.4th 306, advance report, 1st full par., lines 10-13], after the phrase “our review is de novo” delete the single quotation mark, and everything else to the end of the paragraph. Replace the single quotation mark with a double quotation mark and add the following citation: “(O’Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1463 [47 Cal.Rptr.3d 147].)"

Page 937b

6. On page 12, first full paragraph of part III [209 Cal.App.4th 309, advance report, 1st full par., line 4], in the citation to Butt v. State of California, delete “(1992)” and replace with “, supra, ”

7. On page 12, same paragraph [209 Cal.App.4th 309, advance report, 1st full par., line 4], same citation, delete “668” and replace with “at pp.”

8. On page 13, third full paragraph [209 Cal.App.4th 310, advance report, 1st full par., line 11], after the citation to Galvin v. Board of Supervisors, delete the double quotation mark before the word “A.”

9. On page 13, same paragraph [209 Cal.App.4th 310, advance report, 1st full par., lines 13-14], after the phrase “... is inimical to the statute.”, delete everything to the end of the paragraph and replace with the following: “(See Big Creek Lumber Co. v. County of Santa Cruz (2006) 38 Cal.4th 1139, 1161 [45 Cal.Rptr.3d 21, 136 P.3d 821].)"

10. On page 19 [209 Cal.App.4th 314, advance report, 1st full par., line 10], line 6, delete the phrase “section 37712” and replace with “section 37112.”

This modification does not effect a change in judgment.