Watchdog v. Lara, D075529.

• Court: California Court of Appeals
• Citation: 71 Cal.App.5th 566
• Docket Number: D075529.
• Parties: CONSUMER WATCHDOG, Intervenor and Appellant. STATE FARM GENERAL INSURANCE COMPANY, Plaintiff and Appellant, v. RICARDO LARA, as Insurance Commissioner, etc., Defendant and Appellant
• Decision Date: 16 November 2021

71 Cal.App.5th 566

CONSUMER WATCHDOG, Intervenor and Appellant.

STATE FARM GENERAL INSURANCE COMPANY, Plaintiff and Appellant,
v.
RICARDO LARA, as Insurance Commissioner, etc., Defendant and Appellant

No. D075529.

Court of Appeals of California, Fourth District, Division One.

November 16, 2021.

[Modification of opinion (71 Cal.App.5th 148; ___ Cal.Rptr.3d ___), upon denial of rehearing.]

THE COURT.—IT IS ORDERED that the opinion filed herein on October 29, 2021, be modified as follows:

On page 3, in the third paragraph [71 Cal.App.5th 159, advance report, 3d par., lines 5-7], the final sentence, starting with "We direct" and ending with "respects," is to be deleted and replaced with:

We direct the superior court to modify the writ of mandate to require the Rate Order be vacated to the extent inconsistent with this opinion, and affirm the judgment and writ of mandate in all other respects.

On pages 58-59, in the paragraph spanning these pages [71 Cal.App.5th 196, advance report, 1st full par., lines 17-20], the final two sentences, starting with "But he does not" and ending with "persuaded," are to be deleted and replaced with:

Remand is unnecessary for this purpose.

On page 59, in the sole full paragraph [71 Cal.App.5th 196, advance report, 2d par., lines 4-7], the third sentence, starting with "The superior court" and ending with "entirety," is to be deleted and replaced with:

The superior court is directed to enter a new and different judgment: (i) granting SFG's petition for writ of administrative mandate; and (ii) directing the Commissioner to set aside the Rate Order to the extent inconsistent with this opinion.

There is no change in judgment.

71 Cal.App.5th 566b

The petitions for rehearing are denied.