AVILA v. CITY OF SAN JOSE

No. H042304.

ILIDIO AVILA et al., Plaintiffs and Appellants, v. CITY OF SAN JOSE, Defendant and Respondent.

Court of Appeals of California, Sixth District.

June 16, 2017.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on May 24, 2017, be modified as follows:

1. On page 10, first sentence of the third full paragraph, the citation "Salas v. Department of Transportation (2011) 198 Cal.App.4th 1958" is changed to "Salas v. Department of Transportation (2011) 198 Cal.App.4th. 1058" so the sentence reads:

As the court explained in Salas v. Department of Transportation (2011) 198 Cal.App.4th 1058, "`"`[T]hird party conduct, by itself, unrelated to the condition of the property, does not constitute a "dangerous condition" for which a public entity may be held liable.'" [Citation.]

This modification does not affect the judgment.

The petition for rehearing is denied.

Mihara, J., Elia, Acting P. J., and Bamattre-Manoukian, J.


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