Nolte

Nolte v. Cedars Sinai Medical Center

Good Law
187 Cal. Rptr. 3d 737·2015 Cal. App. LEXIS 446·236 Cal. App. 4th 1401
Court of Appeal of CaliforniaMay 21, 2015B252606California2,963 words

Opinion

Opinion

Johnson, J.

Justin Nolte appeals the trial court’s judgment sustaining the demurrer of Cedars-Sinai Medical Center (Cedars). We affirm.

BACKGROUND

On January 17, 2013, Nolte filed a class action complaint in Los Angeles Superior Court, alleging that he and others similarly situated who received treatment from a physician in a Cedars medical building were charged fees by Cedars although “[t]hey did not agree to pay Cedars or to in any way enter into a contract with Cedars.”

After Cedars filed a demurrer to the complaint, Nolte filed a first amended class action complaint (hereafter, the complaint) on July 18, 2013. Nolte alleged that on September 8, 2010, he visited a doctor at the Beverly Hills Spine Center, bringing in his own X-rays for a second opinion. The doctor’s office was in a facility owned by Cedars, which is prohibited by California law from employing doctors directly. “Cedars has a contract with Beverly Hills Spine and every other medical provider in its network by which it agrees to maintain computerized records for the medical provider’s patients,” a function “often provided by the medical providers themselves.” Nolte acknowledged that at the doctor’s office, he…

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