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City of Clovis v. County of Fresno

California Court of Appeal, Fifth District

February 13, 2014

CITY OF CLOVIS et al., Plaintiffs and Respondents,
v.
COUNTY OF FRESNO, Defendant and Appellant.

THE COURT

IT IS ORDERED, pursuant to California Rules of Court, rule 8.264(c)(1), that the published opinion filed in this appeal on January 16, 2014, 222 Cal.App.4th 1469, __ Cal.Rptr.3d __ be modified in the following particulars and the petition for rehearing is DENIED. The page numbers in this order refer to the pagination of the slip opinion.

1. Delete the first sentence of the first paragraph on page 5 [222 Cal.App.4th 1475, advance report, 2d par., lines 1-4]. Replace it with the following:

On September 30, 2013, after briefing was completed, the Legislature enacted legislation addressing interest awardable against local government entities in certain types of cases.

2.  Delete the second paragraph on page 5 [222 Cal.App.4th 1475, advance report, 3d par.], (beginning "In other words ....).

3.  On page 19, in the first paragraph of subsection B. [222 Cal.App.4th 1486, advance report, 2d full par., lines 3-6], delete the final sentence.

4.  Delete the last paragraph on page 20 [222 Cal.App.4th 1487, advance report, 2d full par.]. Replace it with the following:

The new legislation applies to interest in the present action beginning January 1, 2014.

5.  Delete the first paragraph of the Disposition [222 Cal.App.4th 1487, advance report, 3d full par.]. Replace it with the following:

The judgment is modified to reflect that, effective January 1, 2014, the rate of interest to be awarded in this action is controlled by section 3287, subdivision (c). The judgment is affirmed in all other respects.

Page 1424b

6. Delete footnote 6 [222 Cal.App.4th 1487-1488, advance report, fn. 6].

The alternative request for rehearing contained in the letter filed by the City and County of San Francisco on February 5, 2014, is denied. Except for the modifications set forth, the opinion previously filed remains unchanged. These modifications include a change in the judgment, as reflected in the modified Disposition.


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