43 Cal.4th 400 original opinion 43 Cal.4th 1204a modification
Filed 6/18/08
IN THE SUPREME COURT OF CALIFORNIA
MANTA MANAGEMENT
CORPORATION, )
Cross-complainant and Respondent,
S144492
v.
Ct.App. 4/2 E036942
CITY OF SAN BERNARDINO,
San Bernardino County
Cross-defendant and Appellant.
Super. Ct. No. SCV18157
THE COURT:
MODIFICATION OF OPINION
The opinion herein filed on April 24, 2008, and appearing at 43 Cal.4th
400, is modified as follows:
After the last sentence of the first full paragraph on page 412, a footnote is
added stating: ?Our conclusion here is consistent with the United States Supreme
Court?s comment in Malley v. Briggs (1986) 475 U.S. 335, 344, footnote 7, that
section 1983 ?should be read against a background of tort liability that makes a
man responsible for the consequences of his actions,? and thus judicial action will
not constitute a superseding causation when the party seeking the action provides
materially misleading information in its support.?
This modification does not affect the judgment.