Opinion
Page 655g
102 Cal.App.4th 655g ___Cal.Rptr.2d___ IRV RUBIN et al., Plaintiffs and Respondents, v. CITY OF BURBANK, Defendant and Appellant. B148288 California Court of Appeal, Second District, Second Division October 7, 2002[Modification of opinion (101 Cal.App.4th 1194; 124 Cal.Rptr.2d 867) on denial of petition for rehearing.]
OPINION
THE COURT.
It is ordered that the opinion filed herein on September 9, 2002, be modified as follows:
Opinion on page 15 [101 Cal.App.4th 1208, advance report], footnote 11 has been modified to read:
Amicus curiae 34 California Cities presents an argument in their brief that the terms of the trial court's injunction are ambiguous and therefore unenforceable. This issue was not raised by appellant in its opening brief. While we recognize that this court may consider new issues raised by an amicus on appeal (see Fisher v. City of Berkeley (1984) 37 Cal.3d 644, 709-713 [209 Cal.Rptr.2d 682]), we decline to do so here.
There is no change in the judgment.
Appellant's petition for rehearing is denied.