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 Superseded by statute on another ground as stated in Gikas v. Zolin (1993) 6 Cal.4th 841, 851.)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