Demurrer
A Status Conference re: Status of Arbitration is scheduled for 5/3/27 at 8:45am in Department C24. A brief status report shall be filed at least 5 court days before the next hearing.
On a motion to compel arbitration, the moving party bears the burden of proving the existence of an applicable agreement and the party opposing arbitration bears the burden of proving any defense. (See Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 (California Arbitration Act); see also Installit, Inc. v. Carpenters 46 Northern California Counties Conference Board (N.D. Cal. 2016) 214 F.Supp.3d 855, 859 (Federal Arbitration Act).)
Defendant met its burden of establishing a valid arbitration agreement between the parties that covers the instant dispute. (See Kim Decl., ¶¶ 3-4, 8; Ex. 1, pg. 3.)
The burden thus shifted to Plaintiff to prove any defense to enforceability. Plaintiff did not file an opposition and thus failed to raise any argument showing the arbitration agreement should not be enforced.
Defendant shall give notice.
314 Mittera Group, Defendant Celebration Mailes, LLC’s demurrer to Inc. vs. the fourth amended complaint (4AC) is Celebration OVERRULED. Mailers, LLC Defendant shall file and serve its answer, if any, within 10 days.
1st and 2nd causes of action (breach of contract): The complaint states facts sufficient to constitute these causes of action. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [elements]; see also 4AC ¶¶ 10-15, 20-27.)
3rd, 4th, 5th and 6th causes of action (common counts): These claims are pleaded as an alternative way of seeking the same relief demanded in the breach of contract claims, and survive for the same reasons. (See McBride v. Boughton (2004) 123 Cal.App.4th 379, 394; see also 4AC ¶¶ 30-41.)
7th cause of action (unjust enrichment): Unjust enrichment can be asserted as a claim. (Lectrodryer v. SeoulBank (2000) 77 Cal. App. 4th 723, 726
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The CMC is continued to 11/16/26 at 8:45am in Dept. C24.
Plaintiff shall give notice.
315 Savalia vs. Blue The demurrer of defendant California Physicians’ Shield of Service dba Blue Shield of California (erroneously California Life sued as Blue Shield of California Life & Health & Health Insurance Company) (Defendant) directed to the Insurance first amended complaint (FAC) of plaintiff Nirav B. Company Savalia dba Savalia Plastic Surgery (Plaintiff) is OVERRULED in part and SUSTAINED in part with 20 days leave to amend.
The No Surprises Act (NSA)
Defendant contends all of Plaintiff’s causes of action should be dismissed because the consensus among federal courts is that the NSA does not provide for a private right of action to enforce independent dispute resolution (IDR) payment determinations issued under the NSA, and Plaintiff