Lisa Michael v. Blue Cross of California

I. INTRODUCTION

20 Before the Court are two motions. First, a Motion to Dismiss filed by 21 Defendant Blue Cross of California dba Anthem Blue Cross (“Anthem”). (Mot. 22 Dismiss (“MTD”), ECF No. 9.) Second, a Motion to Remand filed by Plaintiff Lisa 23 Michael. (Mot. Remand (“MTR”), ECF No. 11.) For the following reasons, 24 Plaintiff’s Motion to Remand is GRANTED and Defendant’s Motion to Dismiss is 25 DENIED as moot.1 26

28 1 After carefully considering the papers filed in connection with the Motions, the Court deemed the matters appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. II. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Lisa Michael is an employee of the Pacific Collegiate School (“PCS”). 3 (MTR 4.) PCS is a California public charter school established in 1999. (MTR 5.) Anthem is a health care service plan licensed by the Department of Managed 5 Health Care. (Compl. ¶ 6, ECF No. 1-1.) A person covered by Anthem’s plan is 6 called a “subscriber” or “member” of the plan, and the contract provided to the 7 member is called an evidence of coverage…