Samples v. Brown

Full title: PATRICIA SAMPLES, Plaintiff and Respondent, v. EDMUND G. BROWN, JR., as…

Court: California Court of Appeals, First District, Second Division

Date published: Jan 29, 2007

No. A112343 (Cal. Ct. App. Jan. 29, 2007)

Opinion

PATRICIA SAMPLES, Plaintiff and Respondent, v. EDMUND G. BROWN, JR., as Attorney General, etc., Defendant and Appellant. A112343 California Court of Appeal, First District, Second Division January 29, 2007

Sonoma County Super. Ct. No. SCV 231307

Kline, P.J.

BY THE COURT:

It is ordered that the opinion filed on January 11, 2007, be modified as follows:

1. At the conclusion of the paragraph in the “INTRODUCTION” section on page one, a new footnote is inserted after the sentence “We reverse.”

2. The text of the new footnote inserted after the sentence “We reverse” shall state: “In this opinion we do not address what Samples refers to in her appellate brief as three “alternative grounds to affirm the judgment,” one of which Samples concedes was not raised in the trial court at all. Contrary to Samples’s contention, these three arguments are not alternative theories that could be utilized to affirm the judgment. They are substantively distinct claims relating to different statutory provisions than those at issue in this case.”

These modifications do not effect a change in the judgment.

Samples’s petition for rehearing is denied.