Opinion
No. D062594.
03-07-2014
J.J., a Minor, etc., et al., Plaintiffs and Appellants, v. COUNTY OF SAN DIEGO, Defendant and Respondent.
[Modification of opinion (223 Cal.App.4th 1214, ___ Cal.Rptr. ___), upon denial of rehearing.]
THE COURT. — IT IS ORDERED that the opinion filed herein on February 14, 2014, be modified as follows and the petition for rehearing is DENIED:
On page 21 [223 Cal.App.4th 1230, advance report, 2d full par., line 2], after the final sentence ending with "costs on appeal," add as footnote 5 the following footnote:
In her petition for a rehearing, J.J., appearing through her guardian ad litem, Ja.J., for the first time contends that Government Code section 905 applies to her case. We express no opinion on this issue, however; as a court of review, we will not "`submit to piecemeal argument and will not consider on petition for rehearing questions not previously raised'" absent extraordinary circumstances, which are not present in the instant case. (Epperson v. Rosemond (1950) 100 Cal.App.2d 344, 348 ; see Sanders v. Howard Park Co. (1948) 86 Cal.App.2d 721, 723 [noting an "argument based upon a point not mentioned in the original brief of the petitioner will be of no avail on [petitioner's] demand for a rehearing"].)
The petition for rehearing filed on February 26, 2014, has been considered by Justices Benke, McIntyre and Irion and is denied.
There is no change in judgment.