Kaiser Foundation Health Plan v. Doe

In a motion entitled “motion for reconsideration,” pursuant to ORAP 6.25, defendant moves to dismiss this action for a declaratory judgment on the basis that the trial court and this court lack jurisdiction. Plaintiff also moves for reconsideration seeking clarification of language in our prior opinion. 136 Or App 566, 903 P2d 375 (1995). We allow reconsideration, modify our earlier opinion and remand the case to the trial court for further proceedings.

We first consider plaintiffs motion. Plaintiff asks us to change the language of our opinion, which at present provides:

“In summary, defendant…