Coblentz, Patch v. City & Co. of S.F.

Filed 1/9/15 (unmodified opn. attached; pub. order 1/22/15 [see end of opn.])

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

COBLENTZ, PATCH, DUFFY & BASS,

LLP,

Plaintiff and Appellant, A135509

v. (City & County of San Francisco CITY AND COUNTY OF SAN Super. Ct. No. CGC-11-514292) FRANCISCO et al.,

ORDER MODIFYING OPINION

Defendants and Respondents. AND DENYING REHEARING

NO CHANGE IN JUDGMENT

BY THE COURT:

It is ordered that the opinion filed on December 24, 2014, is modified as follows:

(1) On page 13, delete first sentence, and substitute the following sentence:

Although Proposition Q does not define “return on capital investment,” in its common understanding and as pertinent here, the phrase refers to a partnership’s distributions related to capital contributions made by a partner. (Corp. Code, § 16401(a)(1)(2) 10.)

(2) On page 14, line 14 of the second full paragraph, replace the word “underling” with the word “underlining.”

The petition for…