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LACY v. CITY AND COUNTY OF SAN FRANCISCO

No. A165899.

94 Cal.App.5th 705 (2023)

JAMES V. LACY et al., Plaintiffs and Respondents, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Five.

August 28, 2023.

Attorney(s) appearing for the Case

David Chiu , City Attorney, Wayne Snodgrass , and James M. Emery , Deputy City Attorneys for Defendants and Appellants,

Keker, Van Nest & Peters, R. Adam Lauridsen , Connie P. Sung , and Stephany Martinez Tiffer for Ron Hayduk, Hiroshi Motomura, and Jennifer M. Chacón as Amicus Curiae on behalf of Defendants and Appellants,

Orrick Herrington & Sutcliffe, Mark S. Davies , Sheila Baynes , Kufere Laing , and John Palmer for Oakland and San Diego Unified School Districts as Amicus Curiae on behalf of Defendants and Appellants,

ACLU Foundation of Northern California, Angélica Salceda ; and ACLU Foundation of Southern California, Julia A. Gomez for Caregiver Organization as Amicus Curiae on behalf of Defendants and Appellants,

Law Office of Chad D. Morgan, Chad D. Morgan for Plaintiffs and Respondents,

Public Interest Legal Foundation, J. Christian Adams ; and Lex Rex Institute, Alexander Haberbush for J. Kenneth Blackwell as Amicus Curiae on behalf of Plaintiffs and Respondents,

Immigration Reform Law Institute, Lorraine G. Woodwark as Amicus Curiae on behalf of Plaintiffs and Respondents.

[Modification of opinion (94 Cal.App.5th 238; ___ Cal.Rptr.3d ___), upon denial of rehearing.]

THE COURT.—The opinion filed August 8, 2023 is modified as follows:

(1) In the second paragraph, that starts with "`Generally courts will only consider issues properly raised by the parties on appeal. [Citations.] However, the Supreme Court has recognized two exceptions to this rule,'" on page 29 [94 Cal.App.5th 261, advance report...

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