Kendall

Kendall v. Scripps Health

Caution
16 Cal. App. 5th 553·2017 Cal. App. LEXIS 922·224 Cal. Rptr. 3d 446
Court of Appeal of CaliforniaOctober 18, 2017D070390California10,655 words

Opinion

lead Opinion

Huffman, J.

*556 Plaintiff and appellant Paul Kendall's second amended complaint asserts several types of class-wide claims that challenge the billing and collection practices of the health facility operating an emergency room *557 where he received care, defendant and respondent Scripps Health (Scripps). As relevant here, Kendall seeks declaratory relief on contract interpretation theories, and remedies under the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq. ) and the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq. ; both are sometimes designated the statutory claims). Under the latter theories, Kendall seeks injunctive relief and damages or restitution of amounts charged to emergency care patients, such as himself, who do not have insurance or similar governmental benefits such as Medicare or Medi-Cal. Kendall contends that such "self-pay" patients, who signed a form during the reception process at the emergency room (an "Agreement for Services at a Scripps Facility," hereafter Agreement for Services), are being unfairly billed under that contractual agreement at prescribed rates that are listed on a publicly available "charge description master" (Charge…

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