Tri-City Healthcare Dist. v. Scripps Health








Filed 4/12/12 Tri-City Healthcare Dist. v. Scripps Health





NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.




COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

TRI-CITY HEALTHCARE DISTRICT, Plaintiff and Respondent, v. SCRIPPS HEALTH, INC., et al, Defendants and Appellants.

D057878 (Super. Ct. No. 37-2009-00055376- CU-NP-NC) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING NO CHANGE IN JUDGMENT

THE COURT:
The opinion filed March 29, 2012 is modified as follows:
1. Page 15, first paragraph of section III, first sentence: The parties do not discuss standing issues, but correctly currently assume Tri-City has the requisite private rights of action to pursue its theories of unlawful business practices or anti-competitive behavior.
2. Page 15, first paragraph of section III, second sentence:
Tri-City pleads that the acts of Defendants are interfering with the public welfare, which would be promoted if Tri-City can perform, without interference, its alleged statutory duties and obligations under in compliance with section 32000 et seq., and in furtherance of the Knox-Keene Act policies.
3. Page 18, first full paragraph, first sentence: To the extent Tri-City is pleading that the public interest is involved, in terms of fulfilling its mission to provide local residents timely access to health care under the Knox- Keene Act, the injunctive relief claims under the UCL would not be arbitrable. (§ 32000 et seq.)
4. Page 25, last paragraph, first sentence: However, the face of the complaint suggests there are other independent bases besides the existence of these health plans for Tri-City to seek to serve its regional patients, and to get paid for it, such as in pursuing its statutory mission under the Knox-Keene Act to provide timely access to hospital care for residents of its health care district. (§ 1366.1 [geographic accessibility to health care providers]; § 1367.03 [regional access to needed health care services in timely manner].) section 32000 et seq. (See Talley v. Northern San Diego County Hospital Dist. (1953) 41 Cal.2d 33, 38 [hospital district's mission is to aid in protecting public health and welfare]; overruled on other grounds in Muskopf v. Corning Hospital Dist. (1961) 55 Cal.2d 211, 213.)

THERE IS NO CHANGE IN JUDGMENT.
The petition for rehearing is denied.



McCONNELL, P. J.

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