Peck

INTRODUCTION

Plaintiffs Holly Peck, Daniel Mills and Kathy Burnett, individually and on behalf of others similarly situated, appeal from a judgment of dismissal in favor of defendant The City of Hawthorne entered after the trial court sustained defendant‟s demurrer without leave to amend. The trial court sustained the demurrer on the ground the Public Employees Medical Care and Hospitalization Act (PEMCHA, Gov. Code, § 22751 et seq.) provided no private right of action. We affirm.

FACTS

Plaintiffs were employed by defendant. As public employees, they were entitled to enroll in health insurance plans through the Public Employees Retirement System (PERS). Under PEMCHA, the amount plaintiffs were to pay for the health insurance plans was the total cost of coverage less the amount paid by defendant as their employer. That amount was specified by statute. Defendant failed to make the required payments toward the cost of plaintiffs‟ health insurance coverage. Instead, it deducted the entire cost from plaintiffs‟ paychecks, without their consent.

DISCUSSION

On appeal from a judgment dismissing an action following the sustaining of a demurrer, we apply the de novo standard of review.…