Fossaceca v. Health Net of California
Filed 5/31/06 Fossaceca v. Health Net of California CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| GUY FOSSACECA, Plaintiff and Appellant, v. HEALTH NET OF CALIFORNIA, INC., et al., Defendants and Respondents. | B185968 (Los Angeles County Super. Ct. No. BC314404) |
APPEAL from a judgment of the Superior Court for Los Angeles County, Peter D. Lichtman, Judge. Affirmed.
David A. Lingenbrink; Ernst & Mattison and Raymond E. Mattison;
Gianelli & Morris and Timothy J. Morris for Plaintiff and Appellant.
Morgan, Lewis & Bockius, Richard S. Odom, Brian M. Jazaeri, Thomas M. Peterson and Molly Moriarty Lane for Defendants and Respondents.
Plaintiff and appellant Guy Fossaceca appeals from a judgment dismissing his class action complaint against defendants and respondents Health Net of California, Inc., Health Net, Inc., and Managed Health Network after defendants' demurrer to the second amended complaint was sustained without leave to amend. We affirm the judgment.
BACKGROUND
We set forth the facts in accordance with the standard governing demurrers: we assume the truth of all well-pleaded facts and accept as true all facts that may be implied or inferred from the facts alleged. (Thaler v. Household Finance Corp. (2000) 80 Cal.App.4th 1093, 1098.) We take the facts from the operative complaint, the second amended complaint.
Health Net[1] is a managed care organization that designs, markets, and sells health coverage, including health maintenance (HMO) plans, to consumers. Under an HMO plan, a managed care organization provides â€
