Modification: Long Beach Memorial Medical v. Kaiser Foundation Health Plan

LONG BEACH MEMORIAL MEDICAL CENTER et al.,

Plaintiffs and Appellants,

v.

KAISER FOUNDATION HEALTH PLAN, INC., et al.,

Defendants and Appellants.

B304183, consolidated with B306322

(Los Angeles County

Super. Ct. No. NC061310)

California Courts of Appeal

Second Appellate District

Division Two

Filed November 24, 2021

ORDER MODIFYING OPINION

NO CHANGE IN JUDGMENT

COURT:

It is ordered that the opinion filed herein on November 4, 2021, be

modified as follows:

1. On page 21, 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.

ASHMANN-GERST, Acting P. J.,

CHAVEZ, J.,

HOFFSTADT, J.