California Court of Appeal

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Blue Cross of Ca., Inc. v. Sup. Ct., B215035

In an action arising out of a lawsuit filed by a city attorney against a health insurer and others concerning coverage rescission practices, defendants' petition for a writ of mandate to reverse trial court's ruling denying their demurrer to the complaint is denied as the California Department of Managed Health Care's regulatory and enforcement authority does not preclude the city attorney form pursuing the unfair competition and false advertising claims.

Appellate Information

  • Decided 12/15/2009
  • Published 12/15/2009

Judges

  • ROTHSCHILD, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Morgan, Lewis & Bockius, Richard S. Odom, Kathleen A. Waters, Thomas M. Peterson and Molly Moriarty Lane, San Francisco, for Petitioners., Rockard J. Delgadillo, City Attorney, Jeffrey B. Isaacs, Chief Assistant City Attorney, James W. Colbert, III, and Anthony M. Miera, Assistant City Attorneys, for Real Party in Interest., Amy L. Dobberteen and Michael D. McClelland for State of California, Department of Managed Health Care, as Amicus Curiae on behalf of Petitioners., Sheppard Mullin Richter & Hampton, Bryan D. Daly, Peter Morris, Los Angeles;  Mayer Brown, Donald M. Falk, Palo Alto;  Manatt, Phelps & Phillips, Gregory N. Pimstone, Los Angeles;  and Robert E. Bloch for California Physicians' Service, Inc., as Amici Curiae on behalf of Petitioners., Francisco J. Silva and Long X. Do for California Medical Association and Los Angeles County Medical Association, as Amici Curiae on behalf of Real Party in Interest., Michelman & Robinson, Andrew H. Selesnick and Jason O. Cheuk, Encino, for American College of Emergency Physicians, State Chapter of California, Inc., as Amicus Curiae on behalf of Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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