Fear Not Law Articles: Cal. Physicians Service v. Super. Ct.

Cal. Physicians Service v. Super. Ct.

Filed 12/17/08 Cal. Physicians Service v. Super. Ct. CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

CALIFORNIA PHYSICIANS SERVICE etc.,

Petitioner,

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

RICHARD WHITE,

Real Party in Interest.

No. B209931

(Super. Ct. No. BC373066)

ORIGINAL PROCEEDING. Petition for Writ of Mandate. Joseph R. Kalin, Judge. Petition granted.

Manatt, Phelps & Philips, LLP, Gregory N. Pimstone, Brad W. Seiling, Joanna S. McCallum, and Travis A. Corder for Petitioner.

No appearance on behalf of Respondent.

No appearance on behalf of Real Party in Interest.

Defendant, Physicians Service doing business as Blue Shield of California, is the claims administrator of Self Insured Schools of California. Plaintiff, Richard White, sued defendant when his claim for a cancer treatment was denied. After defendants summary judgment motion was denied, it filed the present mandate petition. On October 3, 2008, we issued an alternative writ of mandate and no return was filed. We hold that defendant, as an agent and claims administrator, may not be held liable for the denial of benefits by Self Insured Schools of California. (Shoemaker v. Myers (1990) 52 Cal.3d 1, 24; Sanchez v. Lindsey Morden Claims Services, Inc. (1999) 72 Cal.App.4th 249, 253.)

The mandate petition is granted. Upon remittitur issuance, the respondent court is to enter a new order granting defendants summary judgment motion. All parties are to bear their own costs incurred in connection with these extraordinary writ proceedings.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

TURNER, P. J.

We concur:

MOSK, J.

KRIEGLER, J.

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Description	Defendant, Physicians Service doing business as Blue Shield of California, is the claims administrator of Self Insured Schools of California. Plaintiff, Richard White, sued defendant when his claim for a cancer treatment was denied. After defendants summary judgment motion was denied, it filed the present mandate petition. On October 3, 2008, we issued an alternative writ of mandate and no return was filed. Court hold that defendant, as an agent and claims administrator, may not be held liable for the denial of benefits by Self Insured Schools of California. (Shoemaker v. Myers (1990) 52 Cal.3d 1, 24; Sanchez v. Lindsey Morden Claims Services, Inc. (1999) 72 Cal.App.4th 249, 253.)
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