CRUZ v. PACIFICARE HEALTH SYSTEMS, INC.

No. S101003.

133 Cal.Rptr.2d 58 (2003)

30 Cal.4th 303

66 P.3d 1157

Jose E. CRUZ et al., Plaintiffs and Respondents, v. PACIFICARE HEALTH SYSTEMS, INC., et al., Defendants and Appellants.

Supreme Court of California.

Rehearing Denied May 21, 2003.


Attorney(s) appearing for the Case

Cooley Godward, William E. Grauer, Martin S. Schenker, San Francisco, Christopher R.J. Pace, San Diego, and James V. Fazio III for Defendants and Appellants.

Fred Main; Wiggin & Dana, Mark R. Kravitz and Jonathan Freiman for California Chamber of Commerce as Amicus Curiae on behalf of Defendants and Appellants.

Epstein Becker & Green, William A. Helvestine and Michael Horan, San Francisco, for American Association of Health Plans and California Association of Health Plans as Amici Curiae on behalf of Defendants and Appellants.

McDermott, Will & Emery, Elizabeth D. Mann, Michael L. Meeks and Sarah A. Sommer for American Specialty Health Plans of California, Inc., and American Specialty Health Networks, Inc., as Amici Curiae on behalf of Defendants and Appellants.

Severson & Werson and William L. Stern, San Francisco, for California Bankers Association, Securities Industry Association, California Financial Services Association and American Financial Services Association as Amici Curiae on behalf of Defendants and Appellants.

Gibson, Dunn & Crutcher, Gail E. Lees, Los Angeles, and Mark A. Perry for Aetna Health, AT & T Wireless Services, Cingular Wireless, Sprint and Verizon Wireless as Amici Curiae on behalf of Defendants and Appellants.

The Furth Firm, Frederick P. Furth, Michael P. Lehmann, San Francisco, and Ben Furth for Plaintiffs and Respondents.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Assistant Attorney General, Ronald A. Reiter and Michele R. Van Gelderen, Deputy Attorneys General, as Amici Curiae on behalf of Plaintiffs and Respondents.

Robinson, Calcagnie & Robinson, Sharon J. Arkin, Newport Beach; The Sturdevant Law Firm, James C. Sturdevant, San Francisco; Paul Bland; Deborah M. Zuckerman and Stacy J. Canan for Trial Lawyers for Public Justice, AARP, National Association of Consumer Advocates and Consumer Attorneys of California as Amici Curiae on behalf of Plaintiffs and Respondents.


MORENO, J.

In Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066, 90 Cal.Rptr.2d 334, 988 P.2d 67 (Broughton), we held that claims for injunctive relief under the Consumers Legal Remedies Act (CLRA) designed to protect the public from deceptive business practices were not subject to...

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