Rubin v. City of Burbank (2002)
Annotate this CaseIRV RUBIN et al., Plaintiffs and Respondents, v. CITY OF BURBANK, Defendant and Appellant.
[Modification of opinion (101 Cal.App.4th 1194) on denial of petition for rehearing.]
THE COURT.-
It is ordered that the opinion filed herein on September 9, 2002, be modified as follows:
On page 15 [101 Cal. App. 4th 1208, advance report], footnote 11 has been modified to read:
Amicus curiae 34 California Cities presents an argument in their brief that the terms of the trial court's injunction are ambiguous and therefore unenforceable. This issue was not raised by appellant in its opening brief. While we recognize that this court may consider new issues raised by an amicus on appeal (see Fisher v. City of Berkeley (1984) 37 Cal. 3d 644, 709-713), we decline to do so here.
There is no change in the judgment.
Appellant's petition for rehearing is denied.
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