Modification: Sturgell v. Dept. of Fish and Wildlife

DENNIS STURGELL,

Petitioner and Respondent

v.

DEPARTMENT OF FISH AND WILDLIFE et al.,

Defendants and Appellants.

No. A154448

(San Francisco County

Super. Ct. No. CPF-14-514036)

California Courts of Appeal

First Appellate District

Division Two

Filed January 3, 2020

ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

BY THE COURT:

Appellants' petition for rehearing is denied and the opinion filed herein on December 6, 2019, is modified as follows:

The last two sentences of the paragraph commencing on page 12 and continuing on to page 13, are deleted, so that paragraph reads as follows:

It is perhaps enough to note that at oral argument counsel for appellants acknowledged that this was the only case he was aware of that dealt with a "landing" violation. Beyond that, it is difficult to imagine a repeat of what occurred here, essentially a landing that, in the Department's view, was unlawful only because Sturgell began to land his crab five and three-quarter hours earlier than he should have---most of which crab, it must be noted, was not from California. As confirmed at oral argument, had Sturgell slowed down his speed into Astoria, or sailed around for six more hours, or had a leisurely dinner at 9:00 p.m. on January 29, all would have been fine.

This modification does not effect a change in the judgment.

The petition for rehearing is denied.

Date:

P. J.

Trial Court:

San Francisco County Superior Court

Trial Judge:

Honorable Stephen M. Murphy

Attorney for Petitioner and Respondent Dennis Sturgell:

Williams Kastner & Gibbs, PLLC,

John G. Young,

Theresa H. Rava;

Law Office of Michael Linscheid,

Michael Linscheid

Attorney for Respondents and Appellants California Department of Fish and Wildlife; et al.:

Attorney General of California, Xavier Becerra,

Robert W. Byrne,

Myung Park,

Annadel A. Almendras,

Barbara C. Spiegel,

Jonathan Wiener,

Connie P. Sung.