San Jose Parking, Inc. v. Superior Court of Santa Clara County

Full title: SAN JOSE PARKING, INC., Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA…

Court: Court of Appeals of California, Sixth District.

Date published: Aug 28, 2003

H024871 (Cal. Ct. App. Aug. 28, 2003)

Opinion

H024871.

8-28-2003

SAN JOSE PARKING, INC., Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent. CITY OF SAN JOSE REDEVELOPMENT AGENCY, Real Party in Interest.

Rushing

THE COURT:

It is ordered that the opinion filed herein on July 29, 2003, be modified as follows:

1. On page 2, the first sentence of the first full paragraph, beginning "Under the first" is modified to read as follows:

Under the first part of the Agreement, SJP was granted an exclusive right to negotiate a disposition and development agreement for Fountain Alley for a 10-year period, unless terminated earlier as provided under the agreement.

2. The paragraph commencing on page 11 with "Even if we were" and ending at the top of page 12 with "the Agreement" is deleted.

3. On page 12, the first sentence of the first full paragraph, beginning "The Agreements" is modified to read as follows:

The express language of the Agreement also undermines Agencys argument.

4. The paragraph commencing on page 13 with "Besides the fact" and ending at the top of page 14 with "Redevelopment Law" is deleted.

5. On page 14, under "Disposition" the last sentence beginning "The parties" is deleted and replace with the following sentence:

San Jose Parking, Inc. is entitled to its costs on appeal.

This modification changes the judgment as to costs only.

Real Party in Interests petition for rehearing is denied.

WE CONCUR: BAMATTRE-MANOUKIAN, J. and MIHARA, J.