Lexin v. City of San Diego

CATHY LEXIN,

Plaintiff and Appellant,

v.

CITY OF SAN DIEGO,

Defendant and Respondent.

No. D062970

(Super. Ct. No.

37-2011-00084354-CU-MC-CTL)

California Courts of Appeal

Fourth Appellate District

Division One

Filed January 22, 2014

ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

     It is ordered that the opinion filed herein on December 23, 2013, be modified as follows:

1. On page 6, the last sentence of the second full paragraph is modified to read as follows:

   The city attorney failed to muster a majority vote, although the council      reportedly rescinded the resolution prospectively.

2. On page 8, first sentence of the first full paragraph, the word "refusal" is changed to "failure" so the sentence reads:

   At the hearing, the board members argued the city council's adoption of resolution R-297335 coupled with its subsequent failure to retroactively rescind the resolution implicitly satisfied the criteria of section 995.8, subdivision (b).

     There is no change in the judgment.

     Appellant's petition for rehearing is denied.

McCONNELL, P. J.

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