Sacks v. City of Oakland

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Filed 1/5/11 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE MARLEEN SACKS, Plaintiff and Appellant, v. CITY OF OAKLAND, Defendant and Appellant. A126781 (Super. Ct. No. RG08-380286) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] MARLEEN SACKS, Plaintiff and Appellant, v. CITY OF OAKLAND, A126817 Defendant and Respondent. THE COURT: It is ordered that the opinion filed herein on December 10, 2010, be modified in the following particular: 1. On page 33, the second paragraph of the Disposition, consisting of one sentence, is modified. The paragraph will now read: Each side to bear its own costs. There is no change in the judgment. The petition for rehearing is denied. Date: January 5, 2011 ________________________ Marchiano, P. J. * Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part III. of the Discussion of Petitioner s Appeals (beginning on p. 26). Trial Court Alameda County Superior Court Trial Judge Honorable Frank Roesch For Plaintiff and Appellant Marleen Sacks Donahue Gallagher Woods David A. Stein, Esq. Marleen L. Sacks, Esq. For Defendant, Appellant and Respondent City of Oakland John A. Russo, City Attorney Barbara J. Parker, Assistant City Attorney Mark T. Morodomi, Deputy City Attorney Kevin D. Siegel, Deputy City Attorney

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