Judge: Katherine Chilton, Case: 20SMCV00928, Date: 2023-05-24 Tentative Ruling

Case Number: 20SMCV00928     Hearing Date: May 24, 2023    Dept: 25

PROCEEDINGS:      MOTION FOR SUMMARY JUDGMENT, alternatively SUMMARY ADJUDICATION

MOVING PARTY:   Defendants Blue Cross of California, Anthem Blue Cross Life and Health Insurance Co.

RESP. PARTY:         Advanced Orthopedic Center Inc.

MOTION FOR SUMMARY JUDGMENT, alternatively, SUMMARY ADJUDICATION

(CCP § 437c)

TENTATIVE RULING:

The hearing on the Motion for Summary Judgment, alternatively, Summary Adjudication, filed by Defendants Blue Cross of California, and Anthem Blue Cross Life and Health Insurance, Co. is CONTINUED TO June 5, 2023 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

SERVICE: 

[X] Proof of Service Timely Filed (CRC 3.1300)             OK

[X] Correct Address (CCP 1013, 1013a)                                     OK

[X] 75/80 Day Lapse (CCP 12c and 1005 (b))                     OK

OPPOSITION:          Filed on May 8, 2023.                                     [   ] Late                      [   ] None

REPLY:                     Filed on May 19, 2023.                                    [   ] Late                      [   ] None

ANALYSIS:

I.                Background

On July 16, 2020, Plaintiff Advanced Orthopedic Center, Inc. (“Plaintiff” or “AOC”) filed an action against Defendants Blue Cross of California dba Anthem Blue Cross (“Blue Cross”) and Anthem Blue Cross Life and Health Insurance Co. (“Anthem Life”) (collectively “Defendants”) for (1) quantum meruit, (2) breach of implied contract, (3) breach of contract, and (4) breach of good faith and fair dealing.

On September 21, 2020, Plaintiff filed the First Amended Complaint.  On November 18, 2020, Plaintiff filed a Joint Stipulation to Authorize the filing of a Second Amended Complaint.  The Second Amended Complaint was filed on November 30, 2020.

On July 6, 2021, Defendants filed a Stipulated Protective Order “to provide safeguards to prevent the public dissemination of such confidential information, and to establish procedures to limit such disclosure.”  (Stip. p. 2.)

            On December 10, 2021, the Court overruled Defendants’ Demurrer to the Second Amended Complaint, filed on October 8, 2021.  (12-10-21 Minute Order.)

            On December 14, 2021, Defendants filed an Answer to the Complaint.

            On October 12, 2022, the Court granted Plaintiff’s Motion to Reclassify case as a limited jurisdiction case, filed on September 9, 2022.  (10-12-22 Minute Order.)  The case was re-assigned to Judge Katherine Chilton in Department 25 at the Spring Street Courthouse.  (11-7-22 Minute Order.)

            On March 10, 2023, Defendants filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication (“Motion”).  Plaintiff filed an Opposition to the Motion (“Opposition”) on May 8, 2023.  Defendants filed a Reply on May 19, 2023.

            Given that the Court did not receive the Reply on time, the hearing on the Motion is continued to allow the Court additional time to review Defendants’ Reply.  No additional responses may be filed by either party.