CalPERS

Filed 7/15/14; pub. order 7/31/14 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

ORTHOPEDIC SPECIALISTS OF B248535

SOUTHERN CALIFORNIA,

(Los Angeles County Plaintiff and Appellant, Super. Ct. No. BC486953)

v.

CALIFORNIA PUBLIC EMPLOYEES’

RETIREMENT SYSTEM,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, William F. Highberger, Judge. Affirmed.

Law Offices of Gray L. Tysch, Gary L. Tysch; Snyder ♦ Dorenfeld, David K. Dorenfeld and Michael W. Brown for Plaintiff and Appellant.

Steptoe & Johnson, Edward Gregory and Jason Levin for Defendant and Respondent.

_________________________ Appellant Orthopedic Specialists of Southern California (OSSC) provided nonemergency medical services to a participant of a health plan covered by defendant California Public Employees’ Retirement System (CalPERS). OSSC is an out-of- network medical provider. CalPERS paid OSSC a small portion of the amount charged for services. OSSC insists that it is entitled to receive its higher customary and usual rate and seeks the balance of…