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RAKESTRAW v. CALIFORNIA PHYSICIANS' SERVICE

No. B115766.

96 Cal.Rptr.2d 354 (2000)

81 Cal.App.4th 39

Melissa RAKESTRAW et al., Plaintiffs and Appellants, v. CALIFORNIA PHYSICIANS' SERVICE, Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

Rehearing Denied June 27, 2000.

Review Denied August 16, 2000.

Attorney(s) appearing for the Case

Ivie, McNeill & Wyatt, Robert H. McNeill, Jr., and Jay R. Taylor, Los Angeles, for Plaintiffs and Appellants.

Susan Berke Fogel, Los Angeles, for California Women's Law Center, California Women Lawyers, Women Lawyers Association of Los Angeles, The Employment Law Center and Equal Rights Advocates as Amici Curiae on behalf of Plaintiffs and Appellants.

Hassard Bonnington, Rick C. Zimmerman and B. Thomas French, San Francisco, for Defendant and Respondent.

Epstein Becker & Green and William A. Helvestine, San Francisco, for The California Association of Health Plans as Amicus Curiae on behalf of Defendant and Respondent.

Certified for Partial Publication.*

KITCHING, J.

I

INTRODUCTION

This appeal presents the issue whether a private health care service plan contract requiring a $1,000 copayment for inpatient hospital services in connection with pregnancy and child delivery violates the prohibition against the use of copayments "because of sex" in the Knox-Keene Health Care Service Plan Act of 1975 (the Knox-Keene Act). (Health...

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