BLUE CROSS OF CALIFORNIA, INC. v. SUPERIOR COURT OF LOS ANGELES COUNTY

No. B215035.

180 Cal.App.4th 138 (2009)

BLUE CROSS OF CALIFORNIA, INC., et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

December 15, 2009.


Attorney(s) appearing for the Case

Morgan, Lewis & Bockius, Richard S. Odom, Kathleen A. Waters, Thomas M. Peterson and Molly Moriarty Lane for Petitioners.

Sheppard Mullin Richter & Hampton, Bryan D. Daly, Peter Morris; Mayer Brown, Donald M. Falk; Manatt, Phelps & Phillips, Gregory N. Pimstone; and Robert E. Bloch for California Physicians' Service, Inc., as Amicus Curiae on behalf of Petitioners.

Amy L. Dobberteen and Michael D. McClelland for State of California, Department of Managed Health Care as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Rockard J. Delgadillo, City Attorney, Jeffrey B. Isaacs, Chief Assistant City Attorney, James W. Colbert III and Anthony M. Miera, Assistant City Attorneys, for Real Party in Interest.

Francisco J. Silva and Long X. Do for California Medical Association and Los Angeles County Medical Association as Amici Curiae on behalf of Real Party in Interest.

Michelman & Robinson, Andrew H. Selesnick and Jason O. Cheuk for American College of Emergency Physicians, State Chapter of California, Inc., as Amicus Curiae on behalf of Real Party in Interest.


OPINION

ROTHSCHILD, J.

This writ proceeding arises out of a lawsuit filed by the Los Angeles City Attorney against a health insurer, a managed health care service plan, and their parent corporation concerning coverage rescission practices. Defendants demurred to the complaint on multiple grounds, and the trial court overruled the demurrer. Defendants then filed the instant petition...

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