Bynum

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS WITHOUT PREJUDICE

On June 5, 1995, the above captioned matter came on regularly for hearing before the Honorable Rudi M. Brewster. Plaintiff Chy-ral Bynum (“plaintiff”) was represented by Thomas J. Massey, Jr., Esq.; defendant Aet-na Government Health Plan (“defendant”) was represented by Nancy A. Jerian, Esq. After due consideration of the papers filed both in support of and in opposition to defendant’s motion to dismiss, or alternatively, for summary judgment, as well as oral argument offered at the hearing, the Court hereby GRANTS defendant’s motion to dismiss and DENIES the motion for summary judgment without prejudice.

On September 30, 1994, plaintiff Chyral Bynum (“plaintiff’) initiated this action in San Diego Superior Court for two causes of action — breach of contract and intentional tort. The Complaint alleges that “on or about 1994” defendant Aetna Government Health Plans owed plaintiff a duty to provide all reasonable and necessary medical services. The Complaint further alleges that defendant denied coverage and refused to provide a necessary medical operation: a radical bilateral mastectomy. After removing the action to…