EBBETTS PASS FOREST WATCH v. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
Filed 5/15/06
CERTIFIED FOR PARTIAL PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
EBBETTS PASS FOREST WATCH et al., Plaintiffs and Appellants, v. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, Defendant and Respondent; SIERRA PACIFIC INDUSTRIES, Real Party in Interest and Respondent. |
F042896
(Super. Ct. No. CV48910)
Order Modifying Opinion and Denying Rehearing; Supplemental Opinion Upon Denial of Rehearing [No Change in Judgment]
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The Court:
IT IS ORDERED that the published opinion filed herein on April 14, 2006, and reported in the Official Reports [138 Cal.App.4th 779] be modified in the following particulars:
1. At the top of page 1, replace the notation Certified for Publication with Certified for Partial Publication* and add the following footnote:
*Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of part IV.C.7 of Discussion.
2. On page 38, delete the text of the heading for part IV.B.6 and insert the following text in its place: Violations are presumptively prejudicial
3. On page 38, before the second full paragraph beginning â€