California Court of Appeal

In an action brought by a husband and wife, on their own behalf and on behalf of a putative class against Blue Shield of California (Blue Shield), claiming fraudulent concealment, negligent misrepresentation, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and unfair competition, trial court's judgment sustaining defendant's demurrer is affirmed as the trial court did not err in sustaining Blue Shield's demurrer to the plaintiffs' claims where: 1) Blue Shield did not owe plaintiffs a common law duty to disclose how they could have structured their health coverage so as to lower their health care premiums, and because plaintiffs are unable to sufficiently allege the necessary element of duty; 2) Blue Shield did not owe plaintiffs a duty to disclose the lower premiums that it was willing to accept in exchange for providing the plaintiffs with the health care coverage that they desired; 3) plaintiffs have not adequately stated a claim that Blue Shield committed a fraudulent business practice under the UCL; 4) plaintiffs have not demonstrated any basis on which they would be entitled to restitution pursuant to a theory of unjust enrichment; and 5) plaintiffs have not demonstrated that they could amend their complaint to properly state a cause of action.

Appellate Information

• Decided 11/05/2010
• Published 11/05/2010

Judges

• AARON

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael L. Levine, Brad W. Seiling