Allen v. City of Sacramento

MATTHEW RAYMOND ALLEN et al.,

Plaintiffs and Appellants,

v.

CITY OF SACRAMENTO et al.,

Defendants and Respondents.

No. C071710

(Super. Ct. No. 34201000070097CUCRGDS)

California Courts of Appeal

Third Appellate District

(Sacramento)

Filed March 6, 2015

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

     It is ordered that the opinion filed herein on February 6, 2015, be modified as follows:

     On page 13, first line, after the words ?conduct, i.e.,? delete the words ?living temporarily outdoors or living in a tent? and replace them with ?occupying camp facilities or using camp paraphernalia,? so that the sentence now reads:

     But their contention fails because the ordinance clearly applied to their conduct, i.e., occupying camp facilities or using camp paraphernalia on private property for more than one consecutive night without a City permit.

     On page 14, line 6, after the words ?for the first time? insert the words ?on appeal,? so that the sentence now reads:

     In their appellate reply brief, plaintiffs assert for the first time on appeal that the terms ?friend,? ?temporary shelter? and ?one consecutive night? in the ordinance are also vague. 

     This modification does not change the judgment.

     The petition for rehearing is denied.

FOR THE COURT:

RAYE, P. J.

HULL, J.

MAURO, J.