California Court of Appeal

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Cotton v. StarCare Med. Grp., G040920

In an action claiming that defendant health care provider inadequately treated plaintiffs' decedent, dismissal of the action is affirmed in part where plaintiffs' claim for constructive fraud was preempted because the gravamen of this cause of action was a physician incentive plan, and the federal Centers for Medicare & Medicaid Services had issued a regulation governing the contents of such plans. However, the order is reversed in part where: 1) the trial court abused its discretion by ruling on defendant's demurrer to the original complaint after the parties stipulated to continue the hearing on objections to the original complaint and allow plaintiffs an opportunity to submit an amended complaint; and 2) 42 U.S.C. section 1395w-26(b)(1) did not preempt the majority of plaintiffs' claims.

Appellate Information

  • Decided 03/30/2010
  • Published 03/30/2010

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  • California Court of Appeal

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