California Spine And Neurosurgery Institute v. Anthem Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CALIFORNIA SPINE AND Case No. 22-cv-03782-JD
NEUROSURGERY INSTITUTE,
8 Plaintiff, ORDER RE MOTION TO DISMISS 9 v.
BLUE CROSS OF CALIFORNIA DBA
ANTHEM BLUE CROSS, et al., Defendants. 12 This is an ERISA action brought by plaintiff California Spine and Neurosurgery Institute dba San Jose Neurospine (SJN), against defendant Blue Cross of California dba Anthem Blue Cross (Anthem), and Doe defendants 1 through 100. See Dkt. No. 39 (Third Amended Complaint or TAC). SJN asserts that its owner and principal, Dr. Abebukola Onibokun, provided surgical services to fourteen patients, all of whom were members or beneficiaries of an ERISA plan administered and/or underwritten by Anthem. Id. ¶¶ 3, 8-9. The patients are alleged to have been participants in ERISA plans offered by a variety of employers, such as Operating Engineers H&W Trust, Tesla Motors, Inc., Pacific Gas and Electric Company, and Boeing. Id. ¶ 9. SJN alleges that these patients assigned their healthcare benefit…