Opinion
No. C072820.
10-22-2014
ELLIS LAW GROUP, LLP, Plaintiff, Cross-defendant and Respondent, v. NEVADA CITY SUGAR LOAF PROPERTIES, LLC, Defendant, Cross-complainant and Appellant.
THE COURT. — THE OPINION filed herein on October 3, 2014, is modified as follows and the petition for rehearing is DENIED:
On page 4, footnote 2 [230 Cal.App.4th 285, advance report, fn. 2, line 5], add to the end of the paragraph "In view of our determination of other issues, we need not reach the coalitions' argument regarding application of the doctrine of judicial estoppel in this case" so that the footnote reads:
2/ The trial court also stated that in view of a petition for a writ of mandate that the coalition filed in October 2012 premised on the existence of the compact, unsuccessfully challenging alleged noncompliance with the California Environmental Quality Act, it appeared "that judicial estoppel should apply to [the coalition's] position in the instant action that Government Code section 12012.56 is invalid. In view of our determination of other issues, we need not reach the coalitions' argument regarding application of the doctrine of judicial estoppel in this case."
The petition for rehearing is denied. There is no change in the judgment.