MOVING PARTIES: Defendant Gardner Trucking, Inc. Employee Benefit Plan

OPPOSITION: Plaintiff University of Southern California on behalf of its Keck Hospital of USC and on behalf of its USC Kenneth Norris Jr. Cancer Hospital

Plaintiff University of Southern California sues Defendant Gardner Trucking, Inc., Employee Benefit Plan for reimbursement of hospital care and services provided to Defendant’s enrollee.

Plaintiff’s March 26, 2020 Second Amended Complaint (“SAC”) alleges causes of action against Defendant for:

Breach of Implied Contract;

Quantum Meruit;

Promissory Estoppel;

Unjust Enrichment;

Unfair Business Practices (Cal. Bus. & Prof. Code § 17200, et seq.)

Defendant is a self-funded employee benefit plan that is regulated and governed by Employee Retirement Income Security Act (“ERISA”). (SAC, ¶ 6.)

Plaintiff alleges that on five separate occasions they provided health care services to Defendant’s enrollee. (SAC, ¶ 11, 16.)

Plaintiff alleges that Defendant did not pay