Naranjo

Filed 5/16/23 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

JOSHUA NARANJO,

F083197

Plaintiff and Appellant, (Super. Ct. No. CV-21-001363) v.

DOCTORS MEDICAL CENTER OF ORDER MODIFYING OPINION

MODESTO, INC., AND DENYING REHEARING

[NO CHANGE IN JUDGEMENT] Defendant and Respondent.

THE COURT:

It is so ordered that the opinion filed on April 28, 2023, be modified as follows: 1. At the beginning of page 4, after the quoted sentence “[T]he EMS Fee was designated as 40100038 ER ROOM LEVEL IV, which hides the fact that the EMS Fee is a separate fee not based on any specific item of treatment or service,” add as footnote 3 the following, which will require renumbering of all subsequent footnotes. 3 Medical Center argues Naranjo’s use of the phrase “Evaluation and Management Services Fee” is, in essence, an acknowledgment the EMS Fee is for “services.” It appears, however, Naranjo is using the name Medical Center gave to the fee in its Charge Description Master, discussed post. 2. On page 10, heading I.A. is modified to read as…