Opinion
Page 1421a
102 Cal.App.4th 1421a ___Cal.Rptr.2d___ KEVIN CONLAN et al., Plaintiffs and Appellants, v. DIANA M. BONTA', as Director, etc., et al., Defendants and Respondents. A093003. California Court of Appeal October 29, 2002[Modification of opinion (102 Cal.App.4th 745; 125 Cal.Rptr.2d 788) on denial of petition for rehearing.]
This modification requires the movement of text affecting pages 763-764
OPINION
THE COURT.
It is ordered that the opinion filed herein on September 30, 2002, be modified in the following particulars:
Opinion on page 19 [102 Cal.App.4th 763, advance report], at the end of footnote 14, add the following:
Although the petition and the recitation of facts in petitioner's points and authorities submitted to the trial court did allude to the asserted fact that the Department had failed to inform Stevens that he was not obligated for the copayments, no portion of the argument in the points and authorities addressed this alleged failure or predicated a request for any relief upon this asserted failure. The ALJ had concluded that "information concerning co-payments is covered in the Medi-Cal information pamphlet" and Stevens did not direct the trial court to any evidence to contradict this finding. No consideration was given to this contention by the trial court.
The petition for rehearing is denied. There is no change in the judgment.