Opinion
G043831 Super. Ct. No. 30-2010-00352103
01-06-2012
THE PEOPLE ex rel. CITY OF DANA POINT, Plaintiff and Respondent, v. BEACH CITIES COLLECTIVE et al., Defendants; MALINDA TRAUDT, Movant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
ORDER MODIFYING OPINION
AND DENYING PETITION FOR
REHEARING; NO CHANGE IN
JUDGMENT
The opinion filed herein on December 21, 2011, is hereby modified as follows:
1. On page 5, second full sentence from top of page, beginning with "Traudt seeks to intervene" and ending with "dispensary remain open" is deleted and the following two sentences are inserted in its place:
Traudt seeks to intervene as a defendant only to assist Beach Cities in fighting the City's attempt to close the dispensary; she does not suggest the City is somehow required to provide her with medical marijuana or that she has a civil rights cause of action against the City independent of the dispensary's group statutory right, if any, to engage in collective or cooperative medical marijuana activity. She does not assert she is entitled to any personal remedy except to the extent she would benefit from having the dispensary remain open.
Appellant's petition for rehearing is DENIED. There is no change in judgment.
ARONSON, J.
WE CONCUR:
RYLAARSDAM, ACTING P. J.
FYBEL, J.