No. H039498.

225 Cal.App.4th 568 (2014)

CITY OF SAN JOSE et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent, TED SMITH, etc., Real Party in Interest.

Court of Appeals of California, Sixth District.

April 18, 2014.

[Modification of opinion (225 Cal.App.4th 75; ___ Cal.Rptr.3d ___), upon denial of rehearing.]

THE COURT. — THE ABOVE CAPTIONED OPINION, filed on March 27, 2014, is hereby modified as follows and the petition for rehearing is DENIED:

Page 25, last paragraph (225 Cal.App.4th 97, advance report, 1st full par., line 5), delete the following: "Costs in this original proceeding are awarded to petitioners...

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