Hackert v. Sutter Medical Foundation CA3
Plaintiff John B. Hackert, a medical doctor, sued Sutter Medical Foundation and related entities to be reimbursed for services he provided as an assistant surgeon. Sutter, however, had not authorized his services and plaintiff provided those services after he terminated his contract with Sutter and after Sutter informed him it would not pay for unauthorized services. Plaintiff alleged that state law governing managed health care, federal Medicare law, and unfair competition law (as it may apply to a breach of his prior contract with Sutter) entitled him to injunctive relief compelling Sutter to pay for the unauthorized services.
The trial court sustained defendants’ demurrer without leave to amend and entered a judgment of dismissal. We reverse, but only to allow plaintiff to plead a common law cause of action for breach of his prior contract. All of his current causes of action fail to state a claim upon which relief may be granted.
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