Opinion
A100170.
10-24-2003
CALIFORNIA HEALTHCARE ASSOCIATION, Plaintiff and Respondent, v. DIANA BONTA, as Director, etc., Defendant and Appellant.
BY THE COURT:
The opinion filed September 19, 2002, is modified as follows:
l. On page 4, the first paragraph of the Discussion is deleted and the following paragraph is inserted in its place:
"The sole issue on appeal is the timeliness of the Associations suit. The parties agree that, whether this case is treated as a 42 United States Code section 1983 action or a petition for mandamus under Code of Civil Procedure section 1085, a limitations period of at least one year applies. (See Wilson v. Garcia (1985) 471 U.S. 261, 276-279; Green v. Obledo (1981) 29 Cal.3d 126, 141, fn. 10.) Because we conclude that the Associations claim was not ripe until the HCFA approved the 1996-1997 rate regulation on June 15, 1999, the Associations June 14, 2000, suit was timely."
2. Respondents petition for rehearing filed October 8, 2003, is denied.
3. This modification does not change the judgment.