[REVIEW GRANTED] Catholic Charities of Sacramento, Inc. v. Superior Court (Department of Managed Health Care) (2001)

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[No. C037025. Third Dist. July 26, 2001.]

CATHOLIC CHARITIES OF SACRAMENTO, INC., Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; DEPARTMENT OF MANAGED HEALTH CARE et al., Real Parties in Interest.

[Modification of opinion (90 Cal. App. 4th 425; __ Cal.Rptr.2d __) on denial of petition for rehearing.]

THE COURT. fn. † -

It is ordered that the opinion filed herein on July 2, 2001, be modified in the following respects:

1. On page 32, lines 23-27, and page 33, lines 1-10 [90 Cal. App. 4th 449, advance report, last par., lines 1-9 and p. 450, lines 1-6], delete the paragraph that begins with the words "When challenging a judgment. . . ."

2. On page 33, lines 11-15 [90 Cal. App. 4th 450, advance report, 1st full par.], delete the paragraph that beings with the words, "Despite these well-established rules . . . ."

3. On page 33, line 16 [90 Cal. App. 4th 450, advance report, 2d full par., line 2], delete "In any event," so the sentence now reads:

Catholic Charities has not stated a colorable claim of infringement of its free speech rights.

4. On page 50, lines 17-26, and page 51, lines 1-2 [90 Cal. App. 4th 460, advance report, last par., line 1-5 and p. 461, lines 1-5], delete the paragraph that beings with the words "Catholic Charities fails to provide . . . ."

5. On page 51, lines 3-14 [90 Cal. App. 4th 461, advance report, 1st full par.], delete the paragraph that begins with the words "Due to its failure to provide . . . ." [90 Cal. App. 4th 1413d]

6. On page 51, line 15 [90 Cal. App. 4th 461, advance report, 2d full par., line 1], delete "In any event" and capitalize the first letter of the word "for," so the sentence now reads:

For reasons that follow, we conclude the exemption is constitutional under the Lemon test.

There is no change in the judgment.

Petitioner's petition for rehearing is denied.

FN †. Before Scotland, P.J., Morrison, J., and Callahan, J.

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