Honchariw

Filed 6/24/15 (received for posting 6/25/15) (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

NICHOLAS HONCHARIW, as Trustee, etc.,

F069145

Plaintiff and Appellant, (Super. Ct. No. 680294) v.

ORDER MODIFYING OPINION

COUNTY OF STANISLAUS et al., AND DENYING REHEARING [No Change in Judgment] Defendants and Appellants.

THE COURT:

It is ordered that the partially published opinion filed herein on June 3, 2015, be modified as follows: 1. On page 8, footnote 4 is deleted in its entirety, which will require renumbering of all subsequent footnotes. 2. On pages 10 through 12, the paragraphs under subheading “3. Scope of Hensler Exception” are deleted in their entirety. The following paragraphs are inserted in their place.

3. Scope of the Hensler Exception

In Hensler, the Supreme Court stated that the exception to the statute of limitations applies only if the plaintiff in the inverse condemnation action “alleges the existence of a final judgment establishing that there has been a compensable taking of the plaintiff’s land.” (Hensler, supra, 8…