Watanabe

Watanabe v. California Physicians' Service

Good Law
169 Cal. App. 4th 56·2008 Cal. App. LEXIS 2402·86 Cal. Rptr. 3d 374
Court of Appeal of CaliforniaNovember 18, 2008B195725California4,322 words

Opinion

Opinion

Flier, J.

Appellant Maria Teresa Watanabe filed an action against California Physicians’ Service doing business as Blue Shield of California (Blue Shield). The jury returned a verdict that Blue Shield had breached its contract with appellant and awarded $65 in damages. The jury, however, found that Blue Shield had not breached its duty of good faith and fair dealing under its contract with appellant. A judgment conforming to the verdict was entered and this appeal followed. Appellant contends that the trial court erred in giving certain instructions to the jury. We disagree and affirm the judgment.

INTRODUCTION

Appellant’s complaint set forth causes of action for breach of contract, for breach of the covenant of good faith and fair dealing, for unfair business practices under Business and Professions Code section 17200 and for a violation of Civil Code section 1750 et seq. The latter two causes of action were dismissed upon the stipulation of the parties and the case went to the jury only on the first two causes of action. From the first, the only defendant named in the action was Blue Shield.

The Good Samaritan Medical Practice Association (GSMPA), the entity that directly…

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