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FUTTERMAN v. KAISER FOUNDATION HEALTH PLAN, INC.

No. A162323.

92 Cal.App.5th 69 (2023)

SUSAN FUTTERMAN et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HEALTH PLAN, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

June 6, 2023.

Attorney(s) appearing for the Case

Siegel LeWitter Malkani and Jonathan H. Siegel , Latika Malkani , Laura Herron Weber for Plaintiffs and Appellants.

Manatt, Phelps & Phillips, Gregory N. Pimstone , Joanna S. McCallum , Joseph E. Laska for Defendant and Respondent.

[Modification of opinion (91 Cal.App.5th 656; ___ Cal.Rptr.3d ___), upon denial of rehearing.]

THE COURT.—The petition for rehearing filed by respondent Kaiser Foundation Health Plan, Inc., is denied. The court orders that the opinion filed in this appeal on April 25, 2023 (and ordered to be published on May 17, 2023) be modified as follows:

1. On page 12, in the second paragraph [91 Cal.App.5th 665, advance report, 3d full...

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