Modification: Move Eden Housing v. City of Livermore

CERTIFIED FOR PARTIAL PUBLICATION^*

MOVE EDEN HOUSING et al.,

Plaintiffs and Appellants,

v.

CITY OF LIVERMORE et al.,

Defendants and Respondents;

EDEN HOUSING, INC.,

Real Party in Interest and Respondent.

No. A167346

(Alameda County Super. Ct. No. 22CV015399)

California Court of Appeal

First Appellate District

Division Five

Filed March 15, 2024

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

Respondents' March 14, 2024, petition for rehearing is denied. It is ordered that this court's opinion filed on March 6, 2024, is modified as follows:

1. On page 29, the disposition is now modified to read:

The judgment is reversed and the case is remanded to the superior court with directions to issue a peremptory writ of mandate ordering respondents to process the referendum petition as required by the Elections Code. The superior court's order requiring plaintiffs to file an undertaking under Code of Civil Procedure section 529.2 is also reversed. Costs on appeal are awarded to plaintiffs/appellants.

The modification effects no change in the judgment.

SIMONS, J.

WE CONCUR:

JACKSON, P. J.

CHOU, J.

^* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part V.