Doe

Filed 11/9/22 Doe v. USA Swimming CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

JANE DOE, a Minor, etc.,

Plaintiff and Appellant, C091417

v. (Super. Ct. No. STK-CV-UPI- 2019-0004973)

USA SWIMMING, INC.,

ORDER MODIFYING

Defendant and Respondent. OPINION AND DENYING

REHEARING

[NO CHANGE IN

JUDGMENT]

THE COURT:

It is ordered that the opinion filed in this case on October 13, 2022, be modified as follows: On page 10, first full paragraph, after the last sentence beginning with “As we have explained,” insert the following footnote:

Doe argued in a petition for rehearing that we must reverse because Doe objected to the general duty of care instruction in…