California Court of Appeal

In plaintiff's class action suit under the Unfair Competition Law (UCL) claiming breach of the health plan contract and violation of the Mental Health Parity Act by categorically denying coverage for behavioral therapy and speech therapy to plan members with autism spectrum disorders, trial court's order sustaining defendant's demurrer is reversed and remanded as: 1) there is reasonable possibility that plaintiff can establish the requisite community of interest for a class action suit under the UCL; and 2) resolution of the UCL claim would not require the court to make individualized determinations of medical necessity or to decide complex issues of economic policy or other matters over which an administrative agency has exclusive jurisdiction.

Appellate Information

• Decided 01/27/2010
• Published 01/27/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Scott C. Glovsky and Scott C. Glovsky for Plaintiffs and Appellants., Chavez & Gertler, Mark A. Chavez and Nance F. Becker;  Sid Wolinsky, Anna Levine and Katrina Kasey Corbit for Disability Rights Advocates as Amicus Curiae on behalf of Plaintiffs and Appellants.


• For Appellees:
  
• Epstein Becker & Green, William A. Helvestine, Andrew J. Hefty, Lisa Caccavo and Damian D. Capozzola for Defendants and Respondents.