The above-captioned matter is transferred to the Court of Appeal, Third Appellate District, with directions to vacate its decision and reconsider the cause in in light of Avitia v. Superior Court (2018) 6 Cal.5th 486, 241 Cal.Rptr.3d 530, 431 P.3d 1169. ( Cal. Rules of Court, rule 8.528(d).)