F.

F. v. California Physicians' Service

Good Law
United States District Court, Northern District of CaliforniaSeptember 11, 20204:19-cv-06078California1,452 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

AMY F., Case No.: 19-CV-6078 YGR

Plaintiff, ORDER DENYING MOTION TO DISMISS

SECOND AMENDED COMPLAINT; SETTING

vs. CASE MANAGEMENT CONFERENCE

CALIFORNIA PHYSICIANS’ SERVICE DBA DKT. NO. 43

BLUE SHIELD OF CALIFORNIA; TRINET

GROUP, INC.,

11 Defendants. 12 On June 2, 2020, this Court entered its Order Granting In Part the motion of defendant 13 California Physicians’ Service dba Blue Shield of California (“Blue Shield”) to dismiss plaintiff 14 Amy F.’s second cause of action for breach of fiduciary duty under ERISA, 29 U.S.C. § 1132. 15 (Dkt. No. 39.) In that Order, the Court found that plaintiff failed to allege a basis for injunctive 16 relief or relief pursuant to section 1132(a)(2) but had alleged sufficiently a basis for appropriate 17 equitable relief for breach of a fiduciary duty pursuant to section 1132(a)(3). Plaintiff was granted 18 leave to amend to allege standing to pursue injunctive relief on behalf of third parties, as well as a 19 “basis for…

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