Cotton

Plaintiffs Sylvia Cotton, Janice Mitchell, Patricia Miller and Tenie Essex appeal from judgments dismissing their claims against defendants StarCare Medical Group, Inc. (StarCare), and PacifiCare of California, Inc. (PacifiCare). In case No. G040920, the court entered judgment for StarCare after sustaining its demurrer to plaintiffs’ original complaint without leave to amend and denying a motion to either set aside the ruling or grant reconsideration of it. In case No. G041809, the court dismissed plaintiffs’ action against PacifiCare after sustaining its demurrer to the first amended complaint without leave to amend.

We granted a request to consolidate the appeals because they arose from the same underlying lawsuit and it appeared they presented the same primary issue, whether plaintiffs’ claims against these defendants are preempted by the federal Medicare Act ( 42 U.S.C. § 1395 et seq.; Medicare Act). Upon further review, we reverse the judgment dismissing plaintiffs’ action against StarCare because the trial court abused its discretion by ruling on StarCare’s demurrer to the original complaint after the parties stipulated to continue the hearing on objections to the…