State of California v. SRCC Associates LLC, et al.
Published: May 15, 2020 | Result Date: Sep. 6, 2019 | Filing Date: Nov. 18, 2016 |Case number: BC641254 Bench Verdict – Defense
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Michael L. Armitage
(Waters, Kraus & Paul)
Charles S. Siegel
(Waters, Kraus & Paul)
Kay G. Reeves
(Waters, Kraus & Paul)
Kenneth B. Schnoll
(CA Dept. of Insurance)
Frederick S. Schwartz
(Law Office of Frederick S. Schwartz)
Jennifer L. Bartlett
(Bartlett Barrow LLP)
Defendant
Peter A. Strotz
(King & Spalding LLP)
Vinay Kohli
(King & Spalding LLP)
James W. Boswell
(King & Spalding LLP)
Michael E. Paulhus
(King & Spalding LLP)
Stephanie F. Johnson
(King & Spalding LLP)
Facts
In 2016, Plaintiff Mary Lynn Rapier filed a complaint against 10 defendants for violations of the California Insurance Code and other employment related claims. In 2018, the California Department of Insurance intervened and continued prosecution of the action. In May 2018, CDI amended the complaint to include a total of 16 defendants. One of the defendants, Prime Healthcare Services Inc., a 45-hospital system and its affiliate, Encino Hospital Medical Center were sued for insurance fraud.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff presented witnesses who testified that Serenity Recovery Center at Encino Hospital had licensing issues. An expert witness testified about her investigation of plaintiff's fraud claims and stated that the way defendants completed the standard form defendants used to bill insurance companies was defective.
DEFENDANT'S CONTENTIONS: Defendants denied the contentions. Defendants contended that CDI overreached and pursued a case beyond its limited jurisdiction.
Result
Defendants secured a complete defense verdict against CDI and Rapier.
Other Information
This set case precedent that claims under the Insurance Frauds Prevention Act are equitable in nature and are not subject to a jury trial.
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