Seibert

Filed 6/30/16; second of two modifications; unmodified opinion and first modification attached

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

GRANT SEIBERT, H040268

(Santa Clara County Plaintiff and Appellant, Super. Ct. No. 1-11-CV204096)

v. ORDER MODIFYING OPINION

AND DENYING REHEARING

CITY OF SAN JOSE et al.,

NO CHANGE IN JUDGMENT

Defendants and Appellants.

THE COURT:

It is ordered that the opinion filed on May 31, 2016, be modified as follows: 1. On page 50, first full paragraph, second sentence beginning “Whatever the court’s” is deleted and the following sentence is inserted in its place:

Whatever the court’s conclusions, we caution it not to adopt language that could be reasonably understood to constrain the administrative decision maker’s discretion upon reconsideration of penalty.

There is no change in the judgment.

Appellant’s petition for rehearing is denied. ______________________________________

RUSHING, P.J.

WE CONCUR:

____________________________________

PREMO,…