R. R. v. California Physicians' Service

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 27 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

R. R.; E. R., No. 24-6337 D.C. No. Plaintiffs - Appellants, 3:22-cv-07707-JD v.

MEMORANDUM*

CALIFORNIA PHYSICIANS’ SERVICE,

d/b/a Blue Shield of California,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Argued and Submitted October 23, 2025 San Francisco, California

Before: PAEZ, BEA, and FORREST, Circuit Judges. Dissent by Judge PAEZ. Plaintiffs-Appellants R.R. and his son E.R. (collectively, “Plaintiffs”) sued

Defendant-Appellee California Physicians’ Service d/b/a Blue Shield of California

(“Blue Shield”) for recovery of benefits under the Employee Retirement Income

Security Act (“ERISA”), 29 U.S.C. § 1132(a)(1)(B). Plaintiffs seek medical

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. expenses under R.R.’s employee benefit plan (the “Plan”), which lists E.R. as…