Buller
Buller v. Sutter Health
Opinion
Opinion
Swager, J.
In this action brought under California’s unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.), appellant Terry D. Buller appeals from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrer of respondents Sutter Health and Alta Bates Summit Medical Center on the ground that the complaint fails to state a cause of action. We affirm.
ALLEGATIONS OF THE COMPLAINT AND PROCEDURAL BACKGROUND
On February 2, 2007, appellant filed his complaint as a class action, alleging that respondents’ billing practices violate the UCL and the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.). The complaint also alleges a third cause of action for “Unjust Enrichment/Restitution/ Constructive Trust.”
Appellant purports to represent a class of consumers who have private medical insurance and who have received a bill for medical services from respondents beginning on February 1, 2003. The essence of the complaint is that the billing invoices overstate the amount due because respondents have an undisclosed policy of discounting balances for consumers who pay promptly. The complaint further alleges that this practice…