Howard Jarvis Taxpayers Association v. Bowen

HOWARD JARVIS

TAXPAYERS ASSOCIATION et al.,

Petitioners,

v.

DEBRA BOWEN,

as Secretary of State, etc.,

Respondent;

LEGISLATURE OF THE

STATE OF CALIFORNIA et al.,

Real Parties in Interest.

No. C071506

California Courts of Appeal

Third Appellate District

Filed February 15, 2013

ORDER MODIFYING OPINION

 AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on January 18, 2013, be modified as follows:

On page 13, immediately following the last sentence of the second paragraph of the Disposition, and as part of that paragraph, the following language is added:

As a new rule of law, our determination will apply prospectively.  (See, e.g., Harbor v. Deukmejian (1987) 43 Cal.3d 1078, 1101-1102.)

There is no change in the judgment.

The petition for rehearing filed by real party in interest Legislature of the State of California is denied.

BY THE COURT:

     RAYE, P.J.

NICHOLSON     , J.

     BUTZ, J.