Div. 3 had been issuing opinions with a footnote reading: "Due to the unavailability of the third member of the panel which was assigned to hear this matter, this opinion is being filed with the concurrence of the two remaining members of the panel. (Cal. Const., art. VI, § 3 [“Concurrence of 2 judges present at the argument is necessary for a judgment”]; see, e.g., People v. Castellano (1978)
79 Cal.App.3d 844, 862.)"
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