Modification: Meinhardt v. City of Sunnyvale

IN THE SUPREME COURT OF CALIFORNIA

DAVID MEINHARDT,

Plaintiff and Appellant,

v.

CITY OF SUNNYVALE,

Defendant and Respondent;

SUNNYVALE DEPARTMENT OF PUBLIC SAFETY,

Real Party in Interest and Respondent.

S274147

Fourth Appellate District, Division One

D079451

Santa Clara County Superior Court

19CV346911

Filed August 21, 2024

ORDER MODIFYING OPINION

THE COURT:

It is ordered that the opinion in this matter filed on July 29, 2024, be modified as follows:

1.        The text of footnote 6 on page 6 of the opinion is deleted in its entirety and replaced with the following:

This includes special proceedings such as administrative mandate proceedings. (§ 22 ["[a]n action is an ordinary proceeding"]; § 23 ["special proceeding" is "[e]very other remedy"]; § 1110 [appellate rules and procedures that apply to civil actions apply to writs of review, mandate, and prohibition].)

2.        The sentence on page 20 of the opinion that states, "To the contrary, section 1110 explicitly provides that appellate rules and procedures that apply to civil actions apply to all special proceedings" is deleted in its entirety and replaced with the following:

To the contrary, section 1110 explicitly provides that appellate rules and procedures that apply to civil actions apply to writs of review, mandate, and prohibition.

This modification does not affect the judgment.