Foundation etc. v. Garamendi
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Filed 10/27/05 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE FOUNDATION FOR TAXPAYER AND CONSUMER RIGHTS et al., B173987 Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. BS 086235) v. ORDER MODIFYING OPINION JOHN GARAMENDI, as Insurance Commissioner, etc., et al., NO CHANGE IN JUDGMENT Defendant and Respondent; STATE OF CALIFORNIA, Defendant and Appellant; MERCURY INSURANCE GROUP et al., Interveners and Appellants; SAM DONABEDIAN, Intervener and Respondent. THE COURT: The opinion herein, filed on September 27, 2005, is modified as follows: 1. On page 5, in the last paragraph, first sentence, delete the words the Department of Insurance, under Commissioner John Garamendi and replace with Commissioner Low so that the sentence begins: In August 2002, Commissioner Low adopted the proposed regulation, . . . 2. On page 18, in the last paragraph, delete the citation to Walker v. Allstate Indemnity Co. (2000) 77 Cal.App.4th 750, 756 (Walker) and the semicolon preceding it. 3. On page 19, delete the second paragraph, which starts The voters vested in the Insurance Commissioner, in its entirety. 4. On page 19, in the last paragraph, starting six lines down, delete the words Under Commissioner Garamendi, the Department of Insurance and replace them with Commissioner Low, so that the sentence begins: Commissioner Low adopted the regulation on persistency that provides an insurer . . . . 5. On page 19, in the last paragraph, add the following sentence after the citation to (Cal. Code Regs., tit. 10, ยง 2632.5, subd. (d)(11)(B).) : Commissioner Garamendi concurred in this interpretation of Proposition 103, as noted in this litigation. 6. On page 20, delete the third paragraph, which starts We are also not persuaded, in its entirety. There is no change in the judgment. COOPER, P.J. RUBIN, J. FLIER, J.
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