California Spine and Neurosurgery Institute v. United Healthcare Insurance Company

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

CALIFORNIA SPINE AND Case No. 19-CV-02417-LHK

NEUROSURGERY INSTITUTE,

13 Plaintiff/Counter-Defendant, ORDER DENYING PLAINTIFF’S

MOTION FOR SUMMARY

14 v. JUDGMENT AND DENYING

DEFENDANT’S MOTION FOR

SUMMARY JUDGMENT

UNITED HEALTHCARE INSURANCE

COMPANY, et al., Re: Dkt. Nos. 66, 67 Defendants/Counter-Plaintiff.

Plaintiff California Spine and Neurosurgery Institute (“Plaintiff”) sues Defendant United 19 Healthcare Insurance Company (“Defendant”) and Does 1 through 25 for breach of implied in fact 20 contract and breach of express contract. ECF No. 30 (“SAC”) ¶¶ 46–60. Defendant asserts a 21 counterclaim against Plaintiff for money had and received. ECF No. 51 ¶¶ 22–24. Before the 22 Court are Plaintiff’s motion for summary judgment on Defendant’s counterclaim, ECF No. 66, 23 and Defendant’s motion for summary judgment, or in the alternative, for partial summary 24 judgment, on Plaintiff’s Second Amended Complaint, ECF…