SJCBC v. Horwedel

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Filed 12/21/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT SJCBC, LLC, et al., H036369 (Santa Clara County Super. Ct. No. CV170271) Plaintiffs and Appellants, v. ORDER MODIFYING OPINION JOSEPH HORWEDEL, as Director, etc., NO CHANGE IN JUDGMENT Defendant and Respondent. THE COURT: It is ordered that the opinion filed herein on November 30, 2011, be modified as follows: 1. On page 7, line 5, in the heading the letter B. is changed to C. so that the heading reads: C. Adequacy and Availability of an Administrative Remedy 2. On page 7, line 13, the sentence starting with Only the director and ending on line 14 with with an order is deleted and the following sentence is inserted in its place: Only the director can initiate a hearing. 3. On page 10, line 11, in the heading the letter C. is changed to D. so that the heading reads: D. Other Findings 4. On page 12, the entire section D. Conclusion should be deleted. There is no change in the judgment. Dated: ____________________________________ RUSHING, P.J. WE CONCUR: _________________________________ PREMO, J. _________________________________ DUFFY, J.ï ª ï ª Retired Associate Justice of the Court of Appeal, Sixth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

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