Hambrick

INTRODUCTION

Plaintiff Corey Hambrick (Hambrick) brought this class action alleging causes of action for violation of the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq.), common law fraudulent concealment, and violation of the false advertising law (FAL; id.., § 17500) against defendants Healthcare Partners Medical Group, Inc. (MGI), Healthcare Partners, LLC (HCP-LLC), and DaVita Healthcare Partners, Inc. (DVHCP) (collectively HCP or the HCP defendants). The premise underlying all of Hambrick’s claims is that although HCP does not fall within the literal definition of a “health care service plan” as defined in Health and Safety Code section 1345, subdivision (f)(1), due to the level of risk it assumed, HCP operated as a health care service plan without obtaining the license required by the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act; § 1340 et seq.), and without meeting the regulatory mandates required of health care service plans.

The trial court, relying on the doctrine of judicial abstention, sustained without leave to amend the demurrers filed by the HCP defendants and entered a judgment of dismissal. Hambrick appeals from the…