California Spine And Neurosurgery Institute v. Blue Cross of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CALIFORNIA SPINE AND NEUROSURGERY INSTITUTE, Case No. 18-cv-04777-PJH 8 Plaintiff, ORDER DENYING MOTION TO v. DISMISS 10 BLUE CROSS OF CALIFORNIA, Re: Dkt. No. 21 11 Defendant.

13 Before the court is defendant Blue Cross of California’s (“Blue Cross”) motion to dismiss. The matter is fully briefed and suitable for decision without oral argument. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby rules as follows. BACKGROUND On August 8, 2018, plaintiff California Spine and Neurosurgery Institute dba San Jose Neurospine (“SJN” or “plaintiff”) filed a complaint (“Compl.”) alleging a single cause of action under 29 U.S.C. § 1132(a)(1)(B) for failure to pay Employee Retirement Income Security Act (“ERISA”) plan benefits, and for attorneys’ fees and costs under 29 U.S.C. § 1132(g)(1). Dkt. 1. …