Grauberger

ORDER

This matter came before the Court on November 5, 2001, on (1) defendants’ motion to dismiss plaintiffs second amended complaint, and vacate the June 15, 2001 partial summary judgment order, and (2) Plaintiffs motion for permanent injunction and restitution. Having carefully consid ered the written and oral arguments of counsel, the governing legal authority, and the record herein, the Court grants defendants’ motion to dismiss in part, vacates the June 15, 2001 partial summary judgment ruling, and remands this action to the Superior Court for the County of San Francisco. The Court does not reach plaintiffs motion for injunctive relief and restitution.

BACKGROUND

As set forth in the complaint, the basic facts underlying this case are as follows: Plaintiff, Marina Grauberger, was injured in an automobile accident on January 14, 1998. She was treated for her injuries by defendant, St. Francis Hospital. Her insurer, Blue Cross, paid the hospital its negotiated rates in full except for the deductible amounts and co-payments, which plaintiff paid herself. Plaintiff later sued the driver who allegedly caused the accident (“tortfeasor”). St. Francis hospital then filed a lien in…