Fear Not Law CA Pub. Decisions

PEOPLE v. THE PACIFIC LUMBER COMPANY

Filed 2/1/08
CA Pub. Decisions


PEOPLE v. THE PACIFIC LUMBER COMPANY



Filed 2/1/08





CERTIFIED FOR PUBLICATION



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST APPELLATE DISTRICT



DIVISION THREE



THE PEOPLE ex rel. PAUL V. GALLEGOS, as District Attorney, etc., et al.,



Plaintiffs and Appellants,



v.



THE PACIFIC LUMBER COMPANY et al.,



Defendants and Respondents.



A112028



(Humboldt County



Super. Ct. No. DR030070)



ORDER MODIFYING OPINION



[NO CHANGE IN JUDGMENT]



THE COURT:



It is ordered that the opinion filed herein on January 10, 2008, be modified as follows:



On page 9, in the paragraph beginning As an initial matter, we disagree . . . , the following two sentences are deleted entirely:



(People v. Sims (1982) 32 Cal.3d 468, 487 [ the agents of the same government are in privity with each other, since they represent not their own rights but the right of the government ]. Superseded by statute on another ground as stated in Gikas v. Zolin (1993) 6 Cal.4th 841, 851.)



There is no change in the judgment.







DATED: ______________ ___________________________



Pollak, Acting P. J.



Justice Horner* and Justice Siggins concur.



* Judge of the Alameda County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.




Trial Court:



Humboldt County Superior Court



Trial Judge:



Hon. Richard L. Freeborn



Counsel for Appellant



The People of the State of California ex rel:



Paul V. Gallegos, District Attorney Humboldt County, Christa K. McKimmy, Deputy District Attorney Humboldt County



Counsel for Respondent The Pacific Lumber Company, Scotia Pacific Company LLC and Salmon Creek LLC:



Edgar B. Washburn, Christopher J. Carr,



William M. Sloan, Shaye Diveley



MORRISON & FOERSTER LLP



Counsel for Amicus Curiae



The City and County of San Francisco, in support of Appellant:



Dennis J. Herrera, City Attorney,



Danny Chou, Chief of Appellate Litigation



Publication Courtesy of California attorney referral.



Analysis and review provided by Vista Property line Lawyers.



San Diego Case Information provided by www.fearnotlaw.com



People ex rel. Paul V. Gallegos, as District Attorney, etc., et al.v. The Pacific Lumber Company et al., A112028

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