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Colony Cove Properties, LLC v. City of Carson

California Court of Appeals, Second District, Fourth Division

November 18, 2013

COLONY COVE PROPERTIES, LLC, Plaintiff and Appellant,
v.
CITY OF CARSON et al., Defendants and Respondents.

THE COURT:

It is ordered that the opinion filed October 21, 2013, 220 Cal.App.4th 840;___ Cal.Rptr.3d ___, be modified as follows, and the petition for rehearing is DENIED:

page 7, line 20 [220 Cal.App.4th 850, advance report, subheading 1.], the heading “1. General Rent Increase Application” is replaced with the heading “1. Appellant’s Calculations”;

page 7, line 21 [220 Cal.App.4th 850, advance report, subheading a.], the heading “a. Initial Calculation” is deleted;

page 7, line 22 [220 Cal.App.4th 850, advance report, 3d par., line 1], the phrase “an application for a” is deleted and the phrase “applications for a general rent increase and a supplemental or “fair return” rent increase. Appellant sought a” is inserted in its place;

page 9, line 7 [220 Cal.App.4th 851, advance report, subheading b.], the heading “b. Subsequent Calculations” is deleted;

page 11, line 8 [220 Cal.App.4th 853, advance, report, subheading 2.], the heading “2. Supplemental Rent Increase Application” is deleted;

page 11, lines 9-10 [220 Cal.App.4th 853, advance report, 2d par. & fn. 14], the sentence “In September 2007, appellant also submitted a supplemental rent increase application, referred to as a “fair return” application.” and footnote 14 are deleted;

page 11, line 10 to page 12, line 1 [220 Cal.App.4th 853, advance report, 2d par., lines 2-3], the phrase “The supplemental application contained a” is deleted and the phrase “The rent increase applications included a” is inserted in its place;

Page 166f

page 12, line 11 [220 Cal.App.4th 854, advance report, subheading 3.], the heading numbered “3” is renumbered “2”;

page 16, line 5 [220 Cal.App.4th 856, advance report, subheading 4.], the heading numbered “4” is renumbered “3”;

page 18, line 4 [220 Cal.App.4th 857, advance report, subheading 5.], the heading numbered “5” is renumbered “4”;

page 19, line 20 [220 Cal.App.4th 859, advance report, subheading 1.], the heading “1. General Rent Increase Application” is replaced with the heading “1. Appellant’s Calculations”;

page 19, line 21 [220 Cal.App.4th 859, advance report, 1st par., lines 1-2], the phrase “a new rent increase application” is deleted and the phrase “a new general rent increase application and a new supplemental “fair return” application” is inserted in its place;

page 20, line 10 [220 Cal.App.4th 859, advance report, subheading 2.], the heading “2. Supplemental Rent Increase Application” is deleted;

page 20, lines 21-22 [220 Cal.App.4th 859, advance report, 2d par., lines 1-2], the phrase “In September 2008, appellant also submitted a supplemental “fair return” application containing” is deleted and the phrase “The September 2008 rent increase applications included” is inserted in its place;

page 20, line 18 [220 Cal.App.4th 859, advance report, subheading 3.], the heading numbered “3” is renumbered “2”;

page 22, line 6 [220 Cal.App.4th 860, advance report, subheading 4.], the heading numbered “4” is renumbered “3”;

page 23, line 1 [220 Cal.App.4th 861, advance report, subheading 5.], the heading numbered “5” is renumbered “4”.

The petition for rehearing is denied. The modification does not change the judgment.


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