California Court of Appeals, First District, Third Division
JAMES P. WILSON et al., Plaintiffs and Appellants,
COUNTY OF NAPA et al., Defendants and Respondents.
Filed Date Filed 3/13/17
County Superior Court No. 16CV000457 Honorable Diane M. Price
Counsel for Plaintiffs and Appellants: SHUTE, MIHALY &
WEINBERGER LLP, Rachel B. Hooper, Robert S. Perlmutter, and
Susannah T. French.
REMCHO, JOHANSEN & PURCELL, Robin B. Johansen, Margaret
R. Prinzing for California Wildlife Foundation, California
Native Plant Society, Corporate Ethics International,
Environmental Defense Center, Forests Forever, Forest
Unlimited, Friends of Harbors, Beaches and Parks, Greenbelt
Alliance, Planning & Conservation League, and Save the
Bay as Amicus Curiae on behalf of Plaintiffs and Appellants.
Counsel for Defendants and Respondents: MILLER STARR REGALIA,
Arthur F. Coon OFFICE OF COUNTY COUNSEL, Minh C. Tran.
NIELSEN MERKSAMER PARRINELLO GROSS & LEONI LLP, Sean P.
Welch and Hilary J. Gibson, for Winegrowers of Napa County,
Napa Valley Vintners, Napa County Farm Bureau, and Napa
Valley Grapegrowers as Amicus Curiae on behalf of Defendants
COLE LLP, Derek P. Cole for League of California Cities and
California State Association of Counties as Amicus Curiae on
behalf of Defendants and Respondents.
ordered that the opinion filed herein on February 28, 2017,
be modified as follows:
page 7, line 13, the citation “(§ 4052)” is
changed to “(§ 9238, formerly § 4052)”
so that the sentence reads:
true of the full text requirement applicable to referendum
petitions (§ 9238, formerly § 4052), “the
statute's underlying purpose [is] minimizing the
possibility prospective signers may misunderstand the purpose
of a petition.”
page 10, line 12, the word “Respondents” is
changed to “Proponents” so that the sentence
also seek to minimize the significance of the best management
practices incorporated into the petition.
page 11, line 16, delete the second “of” so that
the sentence reads:
decision also “enforce[d] the statute's underlying
purpose of minimizing the possibility prospective signers may