Significant Matters

• IV Solutions v. Blue Shield of California (Los Angeles County Superior Court). Obtained summary judgment on behalf of a health plan in an action by an out-of-network pharmacy alleging fraud and breach of contract.
• Eidelman v. The Sun Products Corporation (U.S. District Court, Southern District of New York). Defense of putative class action against the manufacturer of laundry detergent alleging deceptive claims on the product label in violation of New York law. Summary judgment granted as to all claims against the manufacturer and the retailer.
• In re Affordable Care Act Cases (California Judicial Council Coordinated Proceeding). Defense of multiple class action lawsuits alleging that a health plan improperly reduced the scope of provider networks. Case settled on a class basis following a multiyear mediation process involving multiple parties and competing groups of class counsel.
• McRae v. Manor Care, Inc. (U.S. District Court, Central District of California). Defense of class action alleging a failure to meet state requirements for hourly nurse staffing at seven skilled nursing facilities in California. Class settlement approved after extensive litigation in district court and Ninth Circuit.
• Leman v. HealthNet, Inc. (Los Angeles County Superior Court, Complex). Defense of putative class action alleging health plan misrepresented the scope of its provider networks in marketing materials. Case settled on a nonclass basis following extensive litigation.
• Cabral v. Supple LLC (U.S. District Court, Central District of California). Defense of putative class action against dietary supplement manufacturer accused of misrepresenting the benefits of its products. Successfully petitioned the Ninth Circuit to reverse a class certification order. (To see the oral argument, click .) Obtained summary judgment on remand.
• O’Donovan v. CashCall, Inc. (U.S. District Court, Northern District of California). Defense of putative class action alleging multiple statutory and common law claims. Summary judgment granted as to state law claims. The remaining portion of the case was settled on a class basis after trial of a certified class claim under the federal Electronic Funds Transfer Act.
• Shuts v. Covenant Care (Alameda County Superior Court). Defense of putative class action alleging skilled nursing facilities violated the average per day nurse staffing requirements under the Health and Safety Code. Class action settlement approved by the court after extensive litigation in trial and appellate courts.
• Kight v. CashCall, Inc. (San Diego County Superior Court). Defense of class action alleging violation of California’s eavesdropping statute based on call monitoring of customer calls. Assumed defense of case after trial court certified a class. Successfully moved to decertify the class following merits briefing. The ruling was affirmed on appeal.
• Torres v. Nutrisystem (U.S. District Court Central District of California). Defense of putative class action alleging violations of the California Privacy Act. Secured denial of class certification.

Published Appellate Decisions

De La Torre v. CashCall, Inc., 5 Cal. 5th 966 (2018)—lending regulation
De La Torre v. CashCall, Inc., 854 F.3d 1082 (9th Cir. 2017)—lending regulation
Kight v. CashCall, Inc., 231 Cal. App. 4th 112 (2014)—class certification
Pickup v. Brown, 728 F.3d 1042 (9th Cir. 2013)—civil rights, amicus
Vitug v. Holder, 723 F.3d 1056 (9th Cir. 2013)—immigration
Perry v. Brown, 671 F.3d 1052 (9th Cir. 2012)—civil rights, amicus
Couch v. Telescope, Inc., 611 F.3d 629 (9th Cir. 2010)—sweepstakes law
Levine v. Blue Shield of California, 189 Cal. App. 4th 1117 (2010)—insurance bad faith
Nazaretyan v. California Physician Services, Inc., 182 Cal. App. 4th 1601 (2010)—insurance bad faith
Davis v. Pacific Capital Bank, N.A., 550 F.3d 915 (9th Cir. 2008)—financial services regulation
Jonathan Neil & Assoc., Inc. v. Jones, 33 Cal. 4th 917 (2004)—insurance/primary jurisdiction (trial counsel)
Sargent Fletcher, Inc. v. Able Corp., 110 Cal. App. 4th 1658 (2003)—trade secrets
Crusader Ins. Co. v. Scottsdale Ins. Co., 54 Cal. App. 4th 121 (1997)—surplus lines insurance
McCauley v. BFC Direct Marketing, 16 Cal. App. 4th 1262 (1993)—Political Reporting Act

Selected Clients

• CashCall, Inc.
• LoanMe, Inc.
• The Sun Products Corporation
• HCR ManorCare
• SnF Management
• Health Net
• Guthy Renker Marketing
• Giovanni Cosmetics, Inc.