Filed 1/20/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

HUGH McALLISTER,

Plaintiff and Appellant,

v.

CALIFORNIA COASTAL COMMISSION,

Defendant and Respondent;

COUNTY OF MONTEREY et al.,

Real Parties in Interest and Respondents.

H031283

(Monterey County

Super. Ct. No. M73043)

ORDER MODIFYING OPINION

NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on December 30, 2008, be modified as follows:

On page 1, in the caption line 2, “Santa Clara” is changed to “Monterey” so the caption reads:

Monterey County

On page 32, line 25, the Roman numeral “VII.” is changed to “VI.” so the caption reads as follows:

VI. ADDITIONAL ISSUES

3. On page 51, line 7, the Roman numeral “V.” is changed to “VII” so the caption reads as follows:

VII. DISPOSITION

On the backing sheet, lines 13 and 14, the name and title of “Gerald A. Engler, Senior Assistant Attorney General” is deleted.

There is no change in judgment.

Dated: ____________________________________

RUSHING, P.J.

WE CONCUR:

_________________________________

PREMO, J.

_________________________________

ELIA, J.