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CAMPO BAND v. SUPERIOR COURT

CAMPO BAND v. SUPERIOR COURT
03:27:2006

CAMPO BAND v. SUPERIOR COURT


Filed 3/20/06





CERTIFIED FOR PUBLICATION






COURT OF APPEAL - FOURTH APPELLATE DISTRICT





DIVISION ONE





STATE OF CALIFORNIA
















CAMPO BAND OF MISSION INDIANS,


Petitioner,


v.


THE SUPERIOR COURT OF SAN DIEGO COUNTY,


Respondent;



D046568


(San Diego County


Super. Ct. No. GIE021220)



CELESTE BLUEHAWK,


Real Party in Interest.



MODIFICATION ORDER AND


DENIAL OF PETITION FOR


REHEARING


[NO CHANGE IN JUDGMENT]



THE COURT:


The opinion in the above referenced matter, filed on March 1, 2006, is modified as follows:


On page 11, replace the sentence beginning on line 1 and reading as follows:


By virtue of this language in the Compact, the Tribe unambiguously waived its immunity from suits based on patron claims for negligent acts to the extent of the insurance coverage it contractually obligated itself to obtain for such claims.


and replace it with the following sentence:


By virtue of this language in the Compact, the Tribe unambiguously waived its immunity relating to patron claims for negligent acts to the extent of the insurance coverage it contractually obligated itself to obtain for such claims.


The petition for rehearing was read and considered by Justices Benke, McDonald and McIntyre. The petition is denied. Justice Benke would grant.


[NO CHANGE IN JUDGMENT]



McDONALD, Acting P. J.





Publication Courtesy of California free legal resources.


Analysis and review provided by Spring Valley Apartment Manager Lawyers.





Description A decision as to modification.
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