Swanson

Swanson v. ST. JOHN'S REGIONAL MEDICAL CENTER

Good Law
118 Cal. Rptr. 2d 325·2002 Cal. App. LEXIS 2700·2002 Daily Journal DAR 3423·97 Cal. App. 4th 245·2002 Cal. Daily Op. Serv. 2821
Court of Appeal of CaliforniaMarch 5, 2002B148128California2,787 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.