Opinion
B235419
05-10-2012
STATE OF CALIFORNIA DIVISION OF OCCUPATIONAL SAFETY AND HEALTH et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MARGARITA ALVAREZ BAUTISTA et al., Real Parties in Interest.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. BC418871)
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT:
Good cause appearing, the opinion in the above entitled matter, filed on April 23, 2012, Not for Publication, is hereby modified as follows:
1. Page 7, delete the last sentence in the second full paragraph and insert, "Thus, applying Western States, as the operative complaint alleges the agency's failure to enforce the heat illness prevention regulation in 2009, Bautista is only entitled to discovery of Cal-OSHA's 2009 files."
2. Page 8, delete the first sentence in the fourth paragraph and insert, "Bautista's mandamus claims relate to how Cal-OSHA failed to enforce the heat illness prevention regulation in 2009, not a "practice" or de facto policy by the agency."
3. Page 9, delete the sentence beginning on line 1 through line 2 and insert, "None of these cases sought a mandate based upon similar allegations presented in the operative complaint." The petition for rehearing is denied. There is no change in the judgment.