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BENITEZ v. NORTH COAST WOMEN'S CARE MEDICAL GROUP, INC.

No. D040094.

131 Cal.Rptr.2d 364 (2003)

106 Cal.App.4th 978

Guadalupe T. BENITEZ, Plaintiff and Appellant, v. NORTH COAST WOMEN'S CARE MEDICAL GROUP, INC. et al. Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

March 4, 2003.

Attorney(s) appearing for the Case

Law Office of Albert C. Gross and Albert C. Gross, for Plaintiff and Appellant.

Stroock & Stroock & Lavan, Lisa M. Simonetti, Los Angeles, Heather A. McConnell; Jennifer C. Pizer, New York City, and Phillip Mendelsohn, Los Angeles, for Lambda Legal Defense and Education Fund, Inc., California Women's Law Center and National Health Law Program as Amici Curiae on behalf of Plaintiff and Appellant.

DiCaro, Coppo & Popcke, Carlo Coppo and Gabriele M. Prater, San Diego, for Defendants and Respondents.

Brad W. Dacus and Roger G. Ho, for Pacific Justice Institute as Amicus Curiae on behalf of Defendants and Respondents.

McDONALD, J.

In this case we hold that state claims are not preempted by the Employee Retirement Income Security Act (ERISA) if the claims are against a non-ERISA entity medical services provider for declination to provide medical treatment to an ERISA plan participant for nonmedical reasons other than plan eligibility or plan administration considerations.

Appellant Guadalupe Benitez's complaint...

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