Filed 7/21/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

CITY OF IRVINE,

Plaintiff and Appellant,

v.

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS,

Defendant and Respondent.

G040513

(Super. Ct. No. 07CC8301)

ORDER MODIFYING OPINION

AND DENYING REHEARING; NO

CHANGE IN JUDGMENT

It is ordered that the opinion filed herein on June 30, 2009, be modified as follows:

On page 12, in the first full paragraph beginning with “The trial court reached the correct result,” delete the second sentence, which states “There is no dispute defendant followed the statutorily-mandated procedure described above in determining the RHNA allocation for its region.”

There is no change in the judgment.

Appellant’s petition for rehearing is DENIED.

CERTIFIED FOR PUBLICATION

RYLAARSDAM, ACTING P. J.

WE CONCUR:

MOORE, J.

IKOLA, J.