CMA

California Medical Ass'n v. Aetna U.S. Healthcare of California, Inc.

Good Law
114 Cal. Rptr. 2d 109·2001 Cal. App. LEXIS 2834·2001 Daily Journal DAR 12611·94 Cal. App. 4th 151·2001 Cal. Daily Op. Serv. 10151
Court of Appeal of CaliforniaDecember 5, 2001D036140California7,796 words

Opinion

Opinion

Kremer, J.

Plaintiff California Medical Association, Inc. (CMA) appeals a judgment dismissing this lawsuit after the court sustained without leave to amend the demurrer of defendants Aetna U.S. Healthcare of California, Inc., et al. to CMA’s second amended complaint. CMA contends the court erred in sustaining defendants’ demurrers to CMA’s second amended complaint’s claim for the reasonable value of services rendered (quasi-contract) and to CMA’s first amended complaint’s claims for violation of Health and Safety Code section 1371 and unlawful practices under Business and Professions Code section 17200 et seq. (the unfair competition law—UCL). We affirm the judgment of dismissal.

I

Introduction

In July 1999, as the assignee of claims assertedly owned by various physicians and medical groups (together Physicians), CM A brought this lawsuit seeking recovery from defendants of payments allegedly owed to Physicians for services provided by Physicians to enrollees in health care service plans operated by defendants.

For purposes of determining the propriety of the orders sustaining defendants’ demurrers to CMA’s claims for violation of section 1371, unlawful practices under the UCL…

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