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ST. CHARLES SURGICAL HOSPITAL, LLC v. LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY, 2018-C-0052. (2018)

Court: Court of Appeals of California Number: inlaco20180607244 Visitors: 7
Filed: Jun. 06, 2018
Latest Update: Jun. 06, 2018
Summary: REGINA BARTHOLOMEW-WOODS , Judge . Plaintiffs-Respondents' application for rehearing is granted for the limited purpose of amending and clarifying this Court's prior writ disposition in this matter. This Court modifies its prior writ disposition to deny, in part, and to grant, in part, as follows: This Court maintains that the trial court erred in denying Defendants-Relators' peremptory exceptions of res judicata and no cause of action ("the exceptions") only as it concerns those claims ari
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Plaintiffs-Respondents' application for rehearing is granted for the limited purpose of amending and clarifying this Court's prior writ disposition in this matter. This Court modifies its prior writ disposition to deny, in part, and to grant, in part, as follows:

This Court maintains that the trial court erred in denying Defendants-Relators' peremptory exceptions of res judicata and no cause of action ("the exceptions") only as it concerns those claims arising from facts and circumstances that were the subject of the federal court proceeding, specially claims prior to January 2015. Therefore, this Court modifies its writ disposition, so as to reverse the trial court's judgment and grant the exceptions for those claims arising prior to January 2015, and affirm the trial court's judgment denying the exceptions with respect to those claims arising after January 2015.

REHEARING GRANTED; WRIT GRANTED, IN PART AND DENIED, IN PART.

Source:  Leagle

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