a) Plaintiff’s Motion for Leave to File Second Amended Complaint - GRANTED; b) Defendant’s Motion to Consolidate – GRANTED.
a) Code of Civil Procedure sections 473, subdivision (a)(1), and 576 both provide for liberal amendment of pleadings, as does California case law. There is no appreciable prejudice to Defendant in allowing Plaintiff to amend its complaint to add a claim for unfair and deceptive business practices. Nor is such a claim preempted by ERISA; the new cause of action is not entirely dependent upon Explanations of Benefits, but refers to other behaviors as well. Under these circumstances, Morris B. Silver M.D. Inc. v. International Longshore & Warehouse (2016) 2 Cal.App.5th 793, does not require a finding of federal preemption.
b) Just as it was appropriate to consolidate the first two cases brought by Plaintiff against Defendant based upon the provision of medical services to Defendant’s employees and their dependents, and Defendant’s alleged failure to pay for such serv