B.
B. v. Anthem Blue Cross Life and Health Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LAWRENCE B., Case No. 23-cv-06529-JSC
Plaintiff,
ORDER RE: DEFENDANTS’ MOTION
v. TO DISMISS
ANTHEM BLUE CROSS LIFE AND Re: Dkt. No. 13 HEALTH INSURANCE COMPANY, et al., 11 Defendants.
12 Plaintiff Lawrence B. sues Defendants for denial of health plan benefits and equitable relief under the Employee Retirement Income Security Act of 1974 (ERISA). (Dkt. No. 1.)1 Defendants move to dismiss Plaintiff’s second cause of action for breach of fiduciary duty. (Dkt. No. 13.) Having carefully considered the briefing, the Court concludes oral argument is not required, see N.D. Cal. Civ. L.R. 7-1(b), and GRANTS Defendants’ motion to dismiss with leave to amend. Because Plaintiff fails to allege the MCG clinical guidelines or facts to support the alleged discrepancy between the MCG clinical guidelines and the Plan, Plaintiff fails to state a claim against Defendants for breach of fiduciary duty. But if Plaintiff can allege sufficient facts,…