Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. BC376817.
ORDER MODIFYING OPINION
THE COURT:
The opinion filed on February 10, 2010, is modified as follows:
1. On page 8, after the first full paragraph, the following paragraph is added:
The record does include, however, the City’s November 2006 Certificate of Occupancy (which indicates the trellis over the parking lot complied with construction and zoning requirements) and the City’s July 2007 case clearance report (which confirms Tenants had cured parking lot violations previously identified by the City). “It is presumed that official duty has been regularly performed” (Evid. Code, § 664) and, given the various City approvals and inspections of the property, we can presume the City does not consider the walls to violate any code provisions.
2. On page 12, at the end of the last paragraph, the following sentence is added:
The trial court also recognized the relationship between, on the one hand, underreporting of revenue and submitting false financial documents and, on the other hand, underpaying rent. The court found Tenants had underreported gross revenues and had submitted false financial documents “thus not paying the proper amount of rent.”
There is no change in the judgment.
The petition for rehearing is denied. Appellants’ application to transmit additional trial exhibits is denied.
CHANEY, J., MALLANO, P.J., ROTHSCHILD, J.