Opinion
Page 153a
133 Cal.App.4th 153a __ Cal.Rptr.3d__ MEDICAL STAFF OF DOCTORS MEDICAL CENTER IN MODESTO et al., Plaintiffs and Respondents, v. IVAN JEFFERY KAMIL et al., Defendants and Appellants. B179237 California Court of Appeal, Second District, Sixth Division October 6, 2005Super. Ct. No. SC039997 Ventura County
ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN JUDGMENT
THE COURT:
It is ordered that the opinion filed herein on September 8, 2005, (132 Cal.App.4th 679; 33 Cal.Rptr.3d 853) be modified as follows:
1. On page 4 [132 Cal.App.4th 683, advance report], second sentence of the last paragraph, the word "alleged" is inserted between the words "include the" and "malicious destruction" so the sentence reads:
The question is whether the seemingly innocuous phrase "concerning the terms of" the agreement to provide medical care can reasonably be said to include the alleged malicious destruction of the Physicians' personal and professional reputations.
2. The sixth sentence of the last paragraph beginning on page 4 [132 Cal.App.4th 683, advance report], after the word "reports" on page 5 [132 Cal.App.4th 684, advance report], the words "as alleged here" are inserted so the sentence reads:
But the terms of this agreement do not give Blue Cross carte blanche to publicly pillory Physicians in press releases and newspaper reports as alleged here.
3. The last paragraph beginning on page 4 [132 Cal.App.4th 683, advance report], the seventh sentence on page 5 [132 Cal.App.4th 684, advance report], the word "alleged" is deleted and the words "complained of" are inserted in its place, so the sentence reads:
The defamation complained of here no more concerns the terms of the agreement, than would a punch in the nose during a dispute over a medical billing.
There is no change in the judgment
Appellants' petition for rehearing and request for depublication are denied.