116-8722 Doctors Demurrer 2 10/28/2020
Defendant Gardner Trucking Inc. demurs to the Fifth Cause of Action of the Third Amended Complaint of Plaintiff Doctors Hospital of Manteca. Having read and considered the motion, opposition, and reply, the court issues the following tentative ruling:
This case arises out of unpaid hospital bills. In the TAC, Plaintiff alleges that previously Defendant was a party to a written contract with a provider network that provided Defendant contractual discounts off Plaintiff’s charges, but Defendant chose to terminate the contract. (TAC, ¶9.) Defendant was aware that in the absence of the contract, Defendant and its plan enrollees are not entitled to any discount off Plaintiff’s charges. (TAC, ¶10.) Defendant is aware of what Plaintiff’s charges are and that its plan enrollees regularly seek services from Plaintiff. (TAC, ¶¶11, 12.) Defendant continues to authorize and permit its plan enrollees to receive services from Plaintiff. (TAC, ¶13.)
Plaintif
Hearing Date
October 22, 2020
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116-8722 Doctors Demurrer 2 10/28/2020
Defendant Gardner Trucking Inc. demurs to the Fifth Cause of Action of the Third Amended Complaint of Plaintiff Doctors Hospital of Manteca. Having read and considered the motion, opposition, and reply, the court issues the following tentative ruling:
This case arises out of unpaid hospital bills. In the TAC, Plaintiff alleges that previously Defendant was a party to a written contract with a provider network that provided Defendant contractual discounts off Plaintiff’s charges, but Defendant chose to terminate the contract. (TAC, ¶9.) Defendant was aware that in the absence of the contract, Defendant and its plan enrollees are not entitled to any discount off Plaintiff’s charges. (TAC, ¶10.) Defendant is aware of what Plaintiff’s charges are and that its plan enrollees regularly seek services from Plaintiff. (TAC, ¶¶11, 12.) Defendant continues to authorize and permit its plan enrollees to receive services from Plaintiff. (TAC, ¶13.)
Plaintif