Long Beach Memorial Medical etc. v. Kaiser Foundation Health Plan
Opinion
Opinion
Filed 11/24/21 (unmodified opn. attached)
CERTIFIED FOR PARTIAL PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
LONG BEACH MEMORIAL B304183, consolidated with MEDICAL CENTER et al., B306322
Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. NC061310) v.
ORDER MODIFYING
KAISER FOUNDATION OPINION
HEALTH PLAN, INC., et al.,
NO CHANGE IN
JUDGMENT
Defendants and Appellants.
COURT:
It is ordered that the opinion filed herein on November 4, 2021, be modified as follows:
1. On page 21, the sentence beginning on the seventh line of the page is modified to read as follows: The quantum meruit remedy by definition looks to the reasonable, market-based value of the services provided: That value is calculated by looking at the “full range of fees” charged and accepted in the market (e.g., Sanjiv Goel, M.D., Inc. v. Regal Medical Group, Inc. (2017) 11 Cal.App.5th 1054, 1060, 1062 (Goel)), and thus encompasses the lower rates grounded in contracts as well as the higher rates charged and accepted where no contract exists.