SJCBC, LLC v. Horwedel

Full title: SJCBC, LLC, et al., Plaintiffs and Appellants, v. JOSEPH HORWEDEL, as…

Court: California Court of Appeals, Sixth District

Date published: Dec 21, 2011

No. H036369 (Cal. Ct. App. Dec. 21, 2011)

Opinion

Page 1133c

201 Cal.App.4th 1133c __ Cal.Rptr.3d __ SJCBC, LLC, et al., Plaintiffs and Appellants, v. JOSEPH HORWEDEL, as Director, etc., Defendant and Respondent. H036369 California Court of Appeals, Sixth District December 21, 2011

Santa Clara County Super. Ct. No. CV170271.

ORDER MODIFYING OPINION

RUSHING, P.J.

THE COURT:

It is ordered that the opinion filed herein on November 30, 2011, 201 Cal.App.4th 339;___ Cal.Rptr.3d ___, be modified as follows:

1. On page 7, line 5 [201 Cal.App.4th 347, advance report], in the heading the letter “B.” is changed to “C.” so that the heading reads:

C. Adequacy and Availability of an Administrative Remedy

2. On page 7, line 13 [201 Cal.App.4th 348, advance report, 1st par., lines 8-9], the sentence starting with “Only the director” and ending on line 14 with “with an order” is deleted and the following sentence is inserted in its place:

Only the director can initiate a hearing.

3. On page 10, line 11 [201 Cal.App.4th 350, advance report], in the heading the letter “C.” is changed to “D.” so that the heading reads:

D. Other Findings

4. On page 12 [201 Cal.App.4th 351, advance report, header E. Conclusion], the entire section “D. Conclusion” should be deleted.

There is no change in the judgment.