California Court of Appeal

In a suit brought by a doctor against Blue Shield alleging that it, inter alia, wrongfully suspended him from its network of medical providers for alleged medical incompetency, a judgment dismissing plaintiff's action pursuant to demurrer is reversed where: 1) although the trial court correctly sustained the demurrer to contract and tort causes of action based on a failure to exhaust an administrative remedy; nevertheless, 2) it erred in sustaining the demurrer to a cause of action for declaratory relief, which should have been treated as a petition for writ of mandate.

Appellate Information

• Decided 09/07/2007
• Published 09/07/2007

Judges

• ROTHSCHILD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Russell D. Kinnier and Russell D. Kinnier, Pasadena, for Plaintiff and Appellant.


• For Appellees:
  
• Barger & Wolen, John M. LeBlanc and Andrew S. Williams, Los Angeles, for Defendant and Respondent.