Costa Mesa City Employees Assn. v. Costa Mesa
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Filed 10/10/12 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE COSTA MESA CITY EMPLOYEES ASSOCIATION, G045730 Plaintiff and Respondent, (Super. Ct. No. 30-2011-00475281) v. CITY OF COSTA MESA et al., MODIFICATION OF OPINION; NO CHANGE IN JUDGMENT Defendants and Appellants. It is ordered that the opinion filed herein on August 17, 2012, be modified in the following particulars: 1. On page 8, first full paragraph beginning with If the threshold , after the double quotation mark, remove the internal quotation mark so it reads as follows: (1) the likelihood that the moving party will ultimately prevail on the merits . . . . 2. On page 8, at the end of the quoted sentence, after the word injunction delete the single quotation mark and the word [Citation.] and replace with the following end quotation mark ( ) and add the following citation: (Butt v. State of California (1992) 4 Cal.4th 668, 677-678.) 3. On page 8, same paragraph, after the phrase constituted an abuse of discretion delete the word [Citation.] and replace with (Ibid.). 4. On page 8, same paragraph, after the word However, delete the single quotation mark and replace with a double quotation mark so it reads: [t]o the extent that the trial courts . . . . 5. On page 8, same paragraph, after the phrase our review is de novo delete the single quotation mark, and everything else to the end of the paragraph. Replace the single quotation mark with a double quotation mark and add the following citation: (O Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1463.) 6. On page 12, first full paragraph of part III, in the citation to Butt v. State of California, delete (1992) and replace with ,supra, 7. On page 12, same paragraph, same citation, delete 668 and replace with at pp. 8. On page 13, third full paragraph, after the citation to Galvin v. Board of Supervisors, delete the double quotation mark before the word A. 9. On page 13, same paragraph, after the phrase . . . is inimical to the statute. , delete everything to the end of the paragraph and replace with the following: (See Big Creek Lumber Co. v. County of Santa Cruz (2006) 38 Cal.4th 1139, 1161.) 10. On page 19, line 6, delete the phrase section 37712 and replace with section 37112. 2 This modification does not effect a change in judgment. BEDSWORTH, ACTING P. J. WE CONCUR: MOORE, J. ARONSON, J. 3
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