[Modification of Opinion (24 Cal. 4th 1003; 103 Cal. Rptr. 2d 711, 16 P.3d 130).]
ROGER GALLAND et al., Plaintiffs and Respondents, v. CITY OF CLOVIS et al., Defendants and Appellants.
THE COURT.-
The opinion herein, appearing at 24 Cal. 4th 1003, is modified as follows:
The last sentence of the full paragraph at 24 Cal.4th at page 1029 is modified by changing the words “file a” to “pursue their,” so that the sentence reads as follows: “If, however, a Kavanau adjustment proves to be inadequate in this case to reestablish an average reasonable rate of return, then the Gallands would be free to pursue their section 1983 action on the grounds that state equitable remedies have failed to prevent the constitutional injury from occurring.”
The modification does not affect the judgment.