¶1Dennis P. Riordan, Esq., Riordan & Horgan, San Francisco, CA, for Petitioner-Appellant.
¶2Gregory A. Ott, Esq., AGCA — Office of the California Attorney General, San Francisco, CA, for Respondent-Appellee.
¶3Before: MARY M. SCHROEDER, HARRY PREGERSON, WARREN J. FERGUSON, JOHN T. NOONAN, SIDNEY R. THOMAS, BARRY G. SILVERMAN, W. FLETCHER, MARSHA S. BERZON, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, and RICHARD R. CLIFTON, Circuit Judges.
¶4ORDER
¶5The separate opinion by Judge Clifton concurring in the judgment filed on December 19, 2007 is amended as follows:
¶6At slip op., p. 16515, 510 F.3d 1093,1099, insert the following footnote at the end of *658the first paragraph of the separate opinion:
The plurality opinion has been joined by only five of the eleven judges on this limited en banc panel. Because that constitutes less than a majority of the panel, that opinion does not announce the law of this circuit. The precedential effect of this decision does not extend beyond the conclusions expressed in this separate opinion, which concurs in the judgment on more narrow grounds. See Marks v. United States, 430 U.S. 188, 193, 97 S.Ct. 990, 51 L.Ed.2d 260 (1977).
¶7With this amendment, the petition for rehearing is DENIED. No further petitions for rehearing will be entertained.