NORTH COAST WOMEN'S CARE v. SUPERIOR COURT

No. D045438.

40 Cal.Rptr.3d 636 (2006)

NORTH COAST WOMEN'S CARE MEDICAL GROUP, INC. et al., Petitioners, v. The SUPERIOR COURT of San Diego County, Respondent; Guadalupe T. Benitez, Real Party in Interest.

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

Rehearing Denied April 7, 2006.

Review Granted June 14, 2006.


Attorney(s) appearing for the Case

DiCaro, Coppo & Popcke, Robert C. Coppo, Gabriele M. Prater; and Robert H. Tyler, Fresno, Douglas L. Edgar, Timothy Chandler for Petitioners North Coast Women's Care Medical Group, Inc., Christine Z. Brody and Douglas K. Fenton.

Duane Morris and Mitchell Lathrop, San Diego, for Catholic Exchange, Inc., and Human Life International as Amici Curiae on behalf of Petitioners.

Karen Dean Milam for Christian Medical and Dental Association as Amicus Curiae on behalf of Petitioners.

Thelen Reid & Priest and Curtis A. Cole, Fresno, for California Medical Association as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

O'Melveny & Meyers, Robert C. Welsh, Margaret C. Carroll, Lee K. Fink, Los Angeles, Jennifer C. Pizer and Albert C. Gross, Solana Beach, for Real Party in Interest Guadalupe T. Benitez.

Winston & Strawn, Benjamin Russell Martin and Gail Standish, Los Angeles, for Anti-Defamation League; American Academy of HIV Medicine; American Medical Students Association; Asian Pacific American Legal Center of Southern California; Bienestar Human Services; California Latinas for Reproductive Justice; California Pan-Ethnic Health Network; California Women's Law Center; Coalition for Humane Immigrant Rights of Los Angeles; Gay and Lesbian Medical Association; International Association of Physicians in AIDS Care; Latino Coalition for a Healthy California; M Mautner Project; National Center for Lesbian Rights; Mexican American Legal Defense and Educational Fund; and National Health Law Program; as Amici Curiae on behalf of Real Party in Interest.


O'ROURKE, J.

Plaintiff Guadalupe Benitez filed the instant action against North Coast Women's Care Medical Group, Inc. (North Coast) and two of its employee physicians, Dr. Christine Brody and Dr. Douglas Fenton (collectively defendants), based on the physicians' alleged refusal to perform intrauterine insemination (IUI) on her because of her sexual orientation. Among other causes of action, Benitez alleged that defendants...

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