Swanson
Swanson v. ST. JOHN'S REGIONAL MEDICAL CENTER
Opinion
Opinion
Yegan, J.
In this action for violation of the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq.), James Swanson appeals from the judgment of dismissal entered after the trial court sustained, without leave to amend, the demurrer of respondents St. John’s Regional Medical Center, Pleasant Valley Hospital, and Catholic Healthcare West. The trial court ruled that hospital liens filed pursuant to the Hospital Lien Act (Civ. Code, § 3045.1 et seq.) fall within the safe harbor provision of the UCL and are not an unfair business practice. We affirm. (Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999) 20 Cal.4th 163, 182-184 [ 83 Cal.Rptr.2d 548 , 973 P.2d 527 ].)
Safe Harbor Immunity
Appellant has filed this action on behalf of California residents alleging: “Defendants provide medical treatments to Patients with medical insurance who are injured through the acts of third parties. When those Patients subsequently recover damages from the third party tortfeasors, Defendants, as a practice, unlawfully, unfairly, and fraudulently assert an interest in the tort recovery pursuant to California Civil Code sec. 3045.1.” The complaint alleges that…