P. v. Pacific Lumber Co.
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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., A112028 (Humboldt County Super. Ct. No. DR030070) Plaintiffs and Appellants, v. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] THE PACIFIC LUMBER COMPANY et al., Defendants and Respondents. 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 Superseded by statute on another ground as stated in Gikas v. Zolin (1993) 6 Cal.4th 841, 851.)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. 1 Trial Court: Humboldt County Superior Court Trial Judge: Hon. Richard L. Freeborn Counsel for Appellant Paul V. Gallegos, District Attorney Humboldt The People of the State of California County, Christa K. McKimmy, Deputy District ex rel: 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 People ex rel. Paul V. Gallegos, as District Attorney, etc., et al. v. The Pacific Lumber Company et al., A112028 2
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