Modification: Mt. Diablo Unified School Dist. v. Clayton Valley Charter High School

MT. DIABLO UNIFIED SCHOOL DISTRICT,

Plaintiff and Respondent,

v.

CLAYTON VALLEY CHARTER HIGH SCHOOL,

Defendant and Appellant.

No. A158195

(Contra Costa County

Super. Ct. No. MSC15-00574)

CLAYTON VALLEY CHARTER HIGH SCHOOL,

Plaintiff and Appellant,

v.

MT. DIABLO UNIFIED SCHOOL DISTRICT,

Defendant and Respondent.

No. A158202

(Contra Costa County

Super. Ct. No. MSN16-1356)

California Courts of Appeal

First Appellate District

Division Four

Filed October 18, 2021

ORDER MODIFYING OPINION AND DENYING REHEARING;

NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on October 1, 2021, be modified as follows:

On page 18, line 7, after the sentence ending with "per-square-foot charge," add as footnote 10 the following footnote, which will require renumbering all subsequent footnotes:

¹⁰ As set forth at pages 8-9, ante, the charter school in this case paid approximately 99 percent of the ongoing operations and maintenance costs incurred at its facility in the school years at issue. We do not address and express no opinion on how costs should be apportioned for a hypothetical charter school that pays only a portion, less than substantially all, of the ongoing operations and maintenance costs at its facility.

There is no change in the judgment.

The petition for rehearing is denied.