California Court of Appeal

In a putative class action suit for violation of the unfair competition act and violation of the Consumers Legal Remedies Act (CLRA), among others, claiming that defendant engaged in deceptive and unfair practices by billing uninsured patients its full standardized rates for services, when it gives substantial discounts for patients covered by Medicare or private insurance, trial court's dismissal after sustaining without leave to amend defendant's demurrer to plaintiff's second amended complaint is affirmed where: 1) the trial court properly granted the demurrer as to the claim under the unfair competition act; 2) the trial court's ruling is correct on the CLRA claim; 3) court properly sustained the demurrer to both the breach of contract and breach of implied covenant causes of action; and 4) plaintiff has not met his burden of showing abuse of discretion in the court's dismissal of his complaint without leave to amend.

Appellate Information

• Decided 04/19/2010
• Published 04/19/2010

Judges

Court

• California Court of Appeal

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