Catholic Charities of Sacramento, Inc. v. Superior Court

Full title: CATHOLIC CHARITIES OF SACRAMENTO, INC., Petitioner, v. THE SUPERIOR COURT…

Court: California Court of Appeals, Third District

Date published: Jul 26, 2001

No. C037025 (Cal. Ct. App. Jul. 26, 2001)

Opinion

Page 1413c

90 Cal.App.4th 1413c 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. C037025. California Court of Appeal, Third District July 26, 2001

[Modification ^* of opinion (90 Cal.App.4th 425: __Cal.Rptr.2d__) on denial of petetion for rehearing.)

* This modification requires deleting headnote (8) on page 428. Advance report headnotes (1a-1o) and (9) to (13) will be renumbered (1a-1n) and (8) to (12) in the bound volume report. Movement of text will be made affecting pages 431-465.

THE COURT. ^†

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

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 1], 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., lines 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 . . . .”

Page 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.