Long Beach Mem'l Med. Ctr. v. Kaiser Found. Health Plan, Inc.

• Decision Date: 24 November 2021
• Docket Number: s. B304183,B306322.
• Citation: 71 Cal.App.5th 941
• Parties: LONG BEACH MEMORIAL MEDICAL CENTER et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants and Appellants.
• Court: California Court of Appeals Court of Appeals

71 Cal.App.5th 941

LONG BEACH MEMORIAL MEDICAL CENTER et al., Plaintiffs and Appellants,

v.KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants and Appellants.

Nos. B304183

B306322.

Court of Appeals of California, Second District, Division Two.

November 24, 2021.

[Modification of opinion (71 Cal.App.5th 323; ___ Cal.Rptr.3d ___).]

THE COURT.—IT IS ORDERED that the opinion filed herein on November 4, 2021, be modified as follows:

1. On page 21 [71 Cal.App.5th 341, advance report, 1st par., line 22], the sentence beginning on the seventh line of the page is modified to read as follows:

The quantum meruit remedy by definition looks to the reasonable, market-based value of the services provided: That value is calculated by looking at the "full range of fees" charged and accepted in the market (e.g., Sanjiv Goel, M.D., Inc. v. Regal Medical Group, Inc. (2017) 11 Cal.App.5th 1054, 1060, 1062 (Goel)), and thus encompasses the lower rates grounded in contracts as well as the higher rates charged and accepted where no contract exists.

There is no change in the judgment.