People v. Union Pacific Railroad Co.

Full title: THE PEOPLE, Plaintiff and Appellant, v. UNION PACIFIC RAILROAD COMPANY et…

Court: California Court of Appeals, Third District, San Joaquin

Date published: Aug 31, 2006

No. C048336 (Cal. Ct. App. Aug. 31, 2006)

Opinion

Page 507a

142 Cal.App.4th 507a __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Appellant, v. UNION PACIFIC RAILROAD COMPANY et al., Defendants and Respondents. C048336 California Court of Appeal, Third District, San Joaquin August 31, 2006

THE COURT.

It is ordered that the opinion filed herein on August 2, 2006 (141 Cal.App.4th 1228; __ Cal.Rptr.3d __), be modified as follows, and the petition for rehearing is DENIED.

1. On page 13, line 16, [141 Cal.App.4th 1245, advance report, 1st par., line 6], after "[518 U.S. 470 [135 L.Ed.2d 700, 716-717, 116 S.Ct. 2240]]," add “; see also id. at p. 505 [135 L.Ed.2d at p. 728] (conc. opn. of Breyer, J.)” so the line reads:

Inc. v. Lohr (1996) 518 U.S. 470, 487 [135 L.Ed.2d 700, 716-717, 116 S.Ct. 2240]; see also id. at p. 505 [135 L.Ed.2d at p. 728] (conc. opn. of Breyer, J.).)

2. On page 21, line 8 [141 Cal.App.4th 1249, 2d full par., line 10], after “[135 L.Ed.2d at p. 718],” add “; see also id. at p. 508 [135 L.Ed.2d at p. 730] (conc. opn. of Breyer, J.); id. at p. 513 [135 L.Ed.2d at p. 733] (conc. & dis. opn. of O’Connor, J.)” so the line reads:

medical devices.” (Id. at p. 489 [135 L.Ed.2d at p. 718]; see also id. at p. 508 [135 L.Ed.2d at p. 730] (conc. opn. of Breyer, J.); id. at p. 513 [135 L.Ed.2d at p. 733] (conc. & dis. opn. of O’Connor, J.).) The

3. On page 21, line 15 [141 Cal.App.4th 1250, 1st par., line 13], after “[135 L.Ed.2d at pp. 716-717],” add “; see also id. at p. 508 [135 L.Ed.2d at p. 730] (conc. opn. of Breyer, J.); id. at p. 513 [135 L.Ed.2d at p. 733] (conc. & dis. opn. of O’Connor, J.)” so the line reads:

[citation].” (Id. at p. 487 [135 L.Ed.2d at pp. 716-717]; see also id. at p. 508 [135 L.Ed.2d at p. 730] (conc. opn. of Breyer, J.); id. at p. 513 [135 L.Ed.2d at p. 733] (conc. & dis. opn. of O’Connor, J.).)

4. On page 29, lines 15-16 [141 Cal.App.4th 1254, 4th full par., lines 4, 5], after “[135 L.Ed.2d at p. 703]” delete “Medtronic, Inc. v. Lohr, supra, 518 U.S. at p. 487 [135 L.Ed.2d at pp. 716-717];” so the lines read:

Page 507b

[135 L.Ed.2d at p. 703]; Silkwood v. Kerr-McGee Corp.,

5. On page 37, line 27 [141 Cal.App.4th 1259, 5th full par., lines 12, 13], after “544 U.S. at p. __ [161 L.Ed.2d at p. 704],” delete “; Medtronic, Inc. v. Lohr,” and on page 38 line 1, delete “supra, 518 U.S. at pp. 487-488 [135 L.Ed.2d at p. 717]” so the lines read:

544 U.S. at p. __ [161 L.Ed.2d at p. 704].) However,

These modifications do not change the judgment.