San Jose Parking v. Santa Clara Super. Ct.
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Filed 8/28/03 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT SAN JOSE PARKING, INC., Petitioner, H024871 (Santa Clara County Super. Ct. No. CV806700) v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; ORDER MODIFYING OPINION AND DENYING REHEARING CHANGE IN JUDGMENT CITY OF SAN JOSE REDEVELOPMENT AGENCY, Real Party in Interest. THE COURT: It is ordered that the opinion filed herein on July 29, 2003, be modified as follows: 1. On page 2, the first sentence of the first full paragraph, beginning Under the first is modified to read as follows: Under the first part of the Agreement, SJP was granted an exclusive right to negotiate a disposition and development agreement for Fountain Alley for a 10-year period, unless terminated earlier as provided under the agreement. 2. The paragraph commencing on page 11 with Even if we were and ending at the top of page 12 with the Agreement is deleted. 3. On page 12, the first sentence of the first full paragraph, beginning The Agreement s is modified to read as follows: The express language of the Agreement also undermines Agency s argument. 4. The paragraph commencing on page 13 with Besides the fact and ending at the top of page 14 with Redevelopment Law is deleted. 5. On page 14, under Disposition the last sentence beginning The parties is deleted and replace with the following sentence: San Jose Parking, Inc. is entitled to its costs on appeal. This modification changes the judgment as to costs only. Real Party in Interest s petition for rehearing is denied. Dated: ____________________________________ RUSHING, P.J. WE CONCUR: _________________________________ BAMATTRE-MANOUKIAN, J. _________________________________ MIHARA, J. San Jose Parking, Inc. v. Superior Court of Santa Clara County H024871
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