In an action arising out of a lawsuit filed by a city attorney against a health insurer and others concerning coverage rescission practices, defendants’ petition for a writ of mandate to reverse trial court’s ruling denying their demurrer to the complaint is denied as the California Department of Managed Health Care’s regulatory and enforcement authority does not preclude the city attorney form pursuing the unfair competition and false advertising claims. 

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Appellate Information

Filed December 15, 2009

Judges

Opinion by Judge Rothschild

CounselFor Appellant:   Morgan, Lewis & Bockius, Richard S. Odom, Kathleen A. Waters, Thomas M. Peterson and Molly Moriarty Lane

For Appellee:   Rockard J. Delgadillo, City Attorney, Jeffrey B. Isaacs, Chief Assistant City Attorney, James W. Colbert, III, and Anthony M. Miera, Assistant City Attorneys

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