MENTAL HEALTH ASSOCIATION IN CALIFORNIA v.SCHWARZENEGGER






Filed 1/10/11




CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

MENTAL HEALTH ASSOCIATION IN CALIFORNIA et al., Plaintiffs and Appellants, v. ARNOLD SCHWARZENEGGER, as Governor, etc., et al., Defendants and Respondents.

A125937 (Alameda County Super. Ct. No. RG07361190) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on December 9, 2010, be modified as follows:
On page 6, footnote 7, the last two sentences are changed to read:
The trial court rejected any suggestion that this sentence imposes an additional requirement that has been disregarded, pointing to the Department’s non-supplantation policy and observing that appellants had presented no evidence that any county had failed to observe that policy. Appellants do not dispute this conclusion.
Defendant’s petition for rehearing is denied. There is no change in the judgment.







Date: _____________________________ P. J.


Superior Court of Alameda County, No. RG07361190, Frank Roesch, Judge.

Counsel

Howard Rice Nemerovski Canady Falk & Rabkin, Steven L. Mayer; Disability Rights California, Daniel Brzovic, Andrew Mudryk, Sean Rashkis; Western Center on Law & Poverty, Inc., Kimberly Lewis, Richard A. Rothschild, Jennifer A. Flory; Mental Health Advocacy Services, James Preis; National Center For Youth Law, Patrick Gardner for Plaintiffs and Appellants.

Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Senior Assistant Attorney General, Karin S. Schwartz and Julie Weng-Gutierrez, Supervising Deputy Attorneys General, Niromi W. Pfeiffer and Sarah E. Kurtz, Deputy Attorneys General for Defendants and Respondents.






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A125937