Seibert v. City of San Jose (2016) 248 Cal.App.4th 542e.

248 Cal.App.4th 542e

GRANT SEIBERT, Plaintiff and Appellant,

v.

CITY OF SAN JOSE et al., Defendants and Appellants.

H040268California Court of Appeals, Sixth DistrictJune 30, 2016?????????Santa Clara County Superior Court No.: 1-11-CV204096 The Honorable Franklin E. Bondonno The Honorable William J. Monahan Judge.

ORDER MODIFYING OPINION AND DENYING REHEARING

THE COURT

IT IS ORDERED that the opinion filed on May 31, 2016, 247 Cal.App.4th 1027;___Cal.Rptr.3d___ be modified as follows:

1. On page 50, first full paragraph [247 Cal.App.4th 1066, advance report, 1st par., lines 2-4], 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.