Case Notes

 

Plaintiff patient sued defendants, doctors and their employer, alleging that the doctors treated her for infertility for an 11-month period, but then refused to provide her with additional infertility treatments because of her sexual orientation. The San Diego County Superior Court, California, sustained defendants' demurrer to the complaint without leave to amend and dismissed the patient's complaint. The patient appealed.

 

The patient contacted an attorney and sought damages and injunctive relief against the doctors under various state statutory and common law theories. The doctors argued that because the patient received her infertility treatments under an employee health benefit plan, her state law claims were preempted by the Employee Retirement Income Security Act (ERISA). The patient contended that her claims against the doctors were outside the limited scope of ERISA preemption. The instant court concluded that ERISA did not preempt the patient's state law claims against the doctors. ERISA preemption did not apply to the failure to treat claims alleged by the patient because they were not based on plan eligibility or plan administration even though they were based on nonmedical considerations. Regarding the patient's contention that a motion to dismiss her complaint under Cal. Code Civ. Proc. § 425.16 was without merit, the trial court neither granted nor denied that motion. Accordingly, there was no appealable order, and the patient was not aggrieved by the trial court's action. It was premature to consider the patient's argument regarding the application of § 425.16 to her complaint.

 

 

The judgment was reversed. The trial court was directed to enter an order overruling defendants' demurrer to the complaint. The patient was awarded costs on appeal.