Ruling by
Adrienne M. GroverLower Court
Santa Clara County Superior CourtLower Court Judge
Maureen A. FolanUnder Government Code Section 815, county was immune from noncontracting hospitals' claims for emergency service reimbursement because the alleged breach was based in tort rather than contract.
Court
California Courts of Appeal 6DCACite as
2022 DJDAR 5157Published
May 23, 2022Filing Date
May 18, 2022Opinion Type
ModificationDisposition Type
Writ IssuedCase Fully Briefed
Jan. 5, 2022Oral Argument
Feb. 10, 2022COUNTY OF SANTA CLARA,
Petitioner,
v.
THE SUPERIOR COURT OF SANTA CLARA COUNTY,
Respondent,
DOCTORS MEDICAL CENTER OF MODESTO et al.,
Real Parties in Interest.
No. H048486
(Santa Clara County
Super. Ct. No. 19CV349757)
California Court of Appeal
Sixth Appellate District
Filed May 18, 2022
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
BY THE COURT:
It is ordered that the opinion filed on April 26, 2022, be modified as follows:
1. On page 11, replace the first sentence of the first full paragraph with:
We acknowledge that under our interpretation of the relevant statutes a provider has greater remedies against a private health care service plan than it does against a public entity health care service plan.
There is no change in the judgment.
GROVER, A.P. J.
LIE, J.
WILSON, J.
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