Miller v. City of
Filed 9/14/10 Miller v. City of Irvine CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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 THREE
CHARLES LAMONT MILLER,
Plaintiff and
Appellant,
v.
CITY OF IRVINE et al.,
Defendants and
Respondents.
G041648
(Super. Ct.
No. 30-2008-00108356)
ORDER
MODIFYING OPINION
AND DENYING
PETITION FOR
REHEARING;
NO CHANGE IN
JUDGMENT
It is hereby
ordered that the opinion filed herein on August 27, 2010, be modified
as follows:
On page three
of the opinion, delete the second full paragraph, and replace it with the
following:
On October 20, the court
received an application from Miller for an order directing corrections
authorities to produce him for a telephonic hearing on the demurrer. The application was not filed until October
22, and it is unknown when the application was actually reviewed by the
court. The application did not include
any written opposition to defendants' demurrer.
At the hearing on October 21, the court sustained the demurrer and
granted 30 days for Miller to file an amended complaint.
This modification does not effect a change in the judgment. The petition for rehearing is DENIED.
MOORE,
J.
I CONCUR:
RYLAARSDAM,
ACTING P. J.
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