Via Appia v. OP Development CA5

Filed 5/13/24 Via Appia v. OP Development CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

VIA APPIA, LLC,

F084595

Plaintiff and Appellant, (Super. Ct. No. 10684) v.

OP DEVELOPMENT, INC. et al., ORDER DENYING REHEARING

AND MODIFYING OPINION

Defendants and Respondents.

It is ordered that the opinion filed herein on April 18, 2024, be modified as follows: 1. On page 31, the second full paragraph beginning “Here we consider Via Appia’s” is deleted and the following paragraph inserted in its place:

Here we consider Via Appia’s argument that OPD “presented no evidence that a proportional division could not be made based on current usage and current market value.” First, to the extent the argument is based on “current usage” alone, it fails because current usage…