WUN-LING CHANG, M.D., INC. VS BLUE CROSS OF CALIFORNIA, ET AL.

WUN-LING CHANG, M.D., INC. V. BLUE CROSS OF CALIFORNIA

DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT

TENTATIVE RULING

Overrule demurrer, but strike the request for late payment penalties and the references to a “fraudulent” UCL claim.

DISCUSSION

I. Background

Plaintiff, a medical corporation, has brought this putative class action against Defendants Blue Cross of California dba Anthem Blue Cross and Anthem Blue Cross Life and Health Insurance Company (collectively, “Anthem”), which operate a health care service plan. Plaintiff alleges that Anthem has violated California’s emergency services reimbursement laws. Plaintiff alleges that health care service plans such as Blue Cross of California are subject to the Health and Safety Code. [Second Amended Complaint (“SAC”), ¶8.] H&S Code §1371.4(b) states that a health care service plan “shall reimburse providers for emergency services and care provid........