Goodrich v. City of Rialto
Filed 12/17/09 Goodrich v. City of Rialto CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
GOODRICH CORPORATION, Plaintiff and Appellant, v. CITY OF RIALTO et al., Defendants and Respondents; KEN THOMPSON, INC. et al., Real Parties in Interest and Respondents. | E045057 (Super.Ct.No. CIVSS704343) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
The petition for rehearing filed by plaintiff and appellant Goodrich Corporation is denied. The opinion filed in this matter on November 23, 2009, is modified as follows:
1. On page 14, lines 5 through 11, the sentences beginning with the words Clearly, under the facts of this case, . . . and ending with Hindsight is 20-20-vision, are stricken in their entirety and the following inserted in their place:
Under the facts of this case, the City approved the Project on June 4, 1987, and approved the grading plan so that grading could begin on July 15, 1987. However, perchlorate began to show up in several municipal water supply wells in the Citys area in 1997. The presence of perchlorate does not mean the City did not exercise its discretion and determine that the cleanup was satisfactory, nor does it mean the Citys determination was well founded.
2. On page 14, a new footnote No. 5 should be inserted at the end of the last sentence of the above insertion, after the words well founded:
5 We are not deciding whether Thompson completed a cleanup of the area, or the propriety of the Citys determination that the cleanup was satisfactory. This case came to us at the demurrer stage, prior to resolution of factual disputes.
Except for the above modifications, the opinion remains unchanged. There is no change in the judgment.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting P. J.
We concur:
RICHLI
J.
GAUT
J.
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