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.
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