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Kaiser Foundation Health Plan v. Superior Court

Kaiser Foundation Health Plan v. Superior Court
12:14:2009



Kaiser Foundation Health Plan v. Superior Court



Filed 7/13/09 Kaiser Foundation Health Plan v. Superior Court CA2/4



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION FOUR



KAISER FOUNDATION HEALTH PLAN, INC., et al.,



Petitioners,



v.



THE SUPERIOR COURT OF



LOS ANGELES COUNTY,



Respondent;



LYNDA RAMSEY et al.,



Real Parties in Interest.



B215396



(Los Angeles County
Super. Ct. No. BC368605)



ORDER MODIFYING OPINION



AND DENYING REHEARING



[NO CHANGE IN JUDGMENT]



THE COURT:*



It is ordered that the opinion filed herein on June 26, 2009, be modified as follows:



On page 6, line 4, the date May 4, 2009 is changed to March 5, 2009, so the sentence reads: We therefore find that the March 5, 2009 order imposing terminating sanctions was not a valid exercise of discretion, given that there was no proper exercise of discretion in the first instance.



This modification does not change the judgment.



Real parties in interests petition for rehearing is denied.



________________________________________________________________________



*EPSTEIN, P.J. WILLHITE, J. SUZUKAWA, J.



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Description A modification decision.
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