B.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ERICA B., Case No. 25-cv-03179-HSG

Plaintiff, ORDER DETERMINING STANDARD

OF REVIEW

v. Re: Dkt. Nos. 25, 26 CALIFORNIA PHYSICIANS SERVICE, Defendant.

12 Pending before the Court are Plaintiff and Defendant’s letter briefs addressing the standard of review that the Court should apply in this ERISA action. Dkt. No. 26 (“Pl.’s Br.”); Dkt. No. 25 (“Def.’s Br.”). Plaintiff brought suit under ERISA on behalf of herself and her daughter, alleging that Defendant improperly denied her daughter’s covered mental health claims for services provided between June 17, 2021, and June 16, 2022. Dkt. No. 1 ¶¶ 44–46; Pl.’s Br. at 1. Both parties agree that the de novo standard of review applies to all claims for dates of service on or after October 1, 2021 “due to California’s ban on discretionary clauses, which became effective on January 1, 2021 and applies to all plans issued, renewed, or amended on or after January 1, 2021.” Pl.’s Br. at 1…