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People v. Duz-Mor Diagnostic Laboratory

Paying commissions to marketing contractors violates Unfair Competition Act, but 'unbundled billing' does not.





Cite as

1998 DJDAR 13052

Published

Apr. 14, 1999

Filing Date

Dec. 23, 1998



MODIFICATION

ANTITRUST

Paying commissions to marketing contractors violates Unfair Competition Act, but 'unbundled billing' does not. THE PEOPLE, Plaintiff and Appellant, v. DUZ-MOR DIAGNOSTIC LABORATORY, INC., et al., Defendants and Respondents. No. B113282 (Super. Ct. No. BC123965) California Court of Appeal Second Appellate District Division Five Filed December 24, 1998
THE COURT:*
        It is ordered that the opinion filed herein on December 11, 1998, be modified in the following particulars:

        1. The reference to the Welfare and Institutions Code should be corrected to read "section 14107.2" on the following pages:

                Page 3, line 61
                Page 4, lines 8 and 132
                Page 13, line 133
                Page 17, lines 16 and 21.4

        2. The reference to Civ. Code, § 10954.5 on page 6, fourth line from the bottom of the page, is stricken and the following inserted in its place:

                Code Civ. Proc., § 1094.5.5

        There is no change in the judgment.


__________________________________________________________________
* ARMSTRONG GRIGNON, Acting P.J. GODOY PEREZ, J.


1        See Daily Appellate Report of December 15, 1998, page 12684, column 1, paragraph 1, line 9.

2        See Daily Appellate Report of December 15, 1998, page 12685, column 1, paragraph 3, lines 3 and 10.

3        See Daily Appellate Report of December 15, 1998, page 12687, column 2, heading II, line 5.

4         See Daily Appellate Report of December 15, 1998, page 12688, column 2, first full paragraph, line 22 and 28.

5        See Daily Appellate Report of December 15, 1998, page 12685, column 2, paragraph 3, line 7.



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