Filed 2/27/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

COUNTY OF SANTA CLARA, et al.

Petitioners,

v.

THE SUPERIOR COURT OF

SANTA CLARA COUNTY

Respondent,

CALIFORNIA FIRST AMENDMENT COALITION,

Real Party in Interest.

No. H031658

(Santa Clara County

Super. Ct. No. CV072630)

ORDER MODIFYING OPINION

CHANGE IN JUDGMENT

On the court’s own motion, the opinion in this matter, which was filed on February 5, 2009, is modified in the following respects:

The disposition is replaced in its entirety with the following:

DISPOSITION

Let a peremptory writ of mandate issue commanding respondent court to set aside that portion of its order of May 18, 2007, that directs the County to “[c]harge CFAC the direct cost for the copy provided.” In all other respects, the County’s request for an extraordinary writ is denied. Respondent is directed to conduct a new hearing to determine allowable costs that the County may charge for producing the requested public record. The stay issued on June 14, 2007, by this court shall remain in effect until this opinion is final. Costs in this original proceeding are awarded to real party in interest, CFAC.

This modification changes the judgment.

Date: _____________________________

McAdams, J.

___________________________ _____________________________

Elia, Acting P.J. Mihara, J.