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CALIFORNIA PHYSICIANS' SERVICE v. AOKI DIABETES RESEARCH INSTITUTE

No. A118410.

163 Cal.App.4th 1506 (2008)

CALIFORNIA PHYSICIANS' SERVICE, Plaintiff, Cross-defendant and Appellant, v. AOKI DIABETES RESEARCH INSTITUTE, Defendant, Cross-complainant and Respondent.

Court of Appeals of California, First District, Division Four.

June 17, 2008.

Attorney(s) appearing for the Case

Manatt, Phelps & Phillips, Gregory N. Pimstone and Joanna S. McCallum for Plaintiff, Cross-defendant and Appellant.

deVries Law Firm, Douglas K. deVries; and Robert Kennedy Scott for Defendant, Cross-complainant and Respondent.

OPINION

SEPULVEDA, J.

A health care provider, Aoki Diabetes Research Institute (ADRI), sued a health care service plan for breach of contract, seeking reimbursement for medical services provided to the plan's members. The health plan, California Physicians' Service, doing business as Blue Shield (Blue Shield), asserts that its contract with the provider is unenforceable because ADRI is illegally organized as a nonprofit corporation instead of a professional...

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