California Court of Appeal

In a class action alleging causes of action for violation of the unfair competition law, Bus. null; Prof. Code section 17200 et seq., common law fraudulent concealment, and violation of the false advertising law, section 17500, on the basis of that defendant does not fall within the literal definition of a "health care service plan" as defined in Health and Safety Code section 1345(f)(1), and it operated as a health care service plan without obtaining the license required by the Knox-Keene Health Care Service Plan Act of 1975 and without meeting the regulatory mandates required of health care service plans, the trial court's dismissal of the action is affirmed where: 1) the court acted within its discretion in invoking the abstention doctrine as to the statutory causes of action but not as to the common law cause of action for fraudulent concealment; but 2) plaintiff failed to plead a claim for fraudulent concealment, and she has failed to demonstrate how she could amend the operative complaint to cure the defect.

Appellate Information

• Decided 06/26/2015
• Published 06/26/2015

Judges

• FEUER

Court

• California Court of Appeal

Counsel