Opinion
NOT TO BE PUBLISHED
Santa Clara County, Super. Ct. Nos. CV804474, CV000705
Premo, Acting P.J.
Pursuant to the opinion of the Supreme Court in Silicon Valley Taxpayers’ Assn., Inc. v. Santa Clara County Open Space Authority (2008) 44 Cal.4th 431, the judgment of the superior court is reversed. The matter is remanded to the superior court with directions to vacate its orders of July 8, 2003 and October 17, 2003, granting the motions of defendant Santa Clara County Open Space Authority for summary adjudication and to enter new orders denying both motions. The superior court is further directed to vacate its orders of July 8, 2003 and October 17, 2003, denying the summary adjudication motions of plaintiffs, Silicon Valley Taxpayers’ Association, Inc., et al., and to enter a new order granting the first of those two motions (plaintiffs’ motion for summary adjudication of the second cause of action) for the reasons set forth in the Supreme Court’s opinion at pages 450 through 458.
Plaintiffs are awarded their costs on appeal.
WE CONCUR: Elia, J., Bamattre-Manoukian, J.