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Legal Opinion

Schmidt v. Foundation Health

California Court of Appeal

Decided June 26, 1995No. C015978PublishedCited by 16 opinions

1Opinion of the Court

Opinion

SPARKS, J.

In this appeal, we conclude that the Knox-Keene Health Care Service Plan Act of 1975 (Act) (Health & Saf. Code, § 1340 et seq.) and section 1300.46 of title 10 of the California Code of Regulations (hereafter regulation 1300.46) prohibit a broker of health care service plans from rebating commissions to his clients.

Plaintiff James R. Schmidt worked as an independent broker for the health care plans offered by defendants Foundation Health (Foundation) and St. Joseph’s-Omni Health Plan, Inc. (Omni), and received a commission from defendants for the clients he obtained. In an…

2Cases cited17 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
  3. Crowley v. KatlemanCalifornia Supreme Court · 1994
  4. Adams v. MurakamiCalifornia Supreme Court · 1991
  5. Marin County Board of Realtors, Inc. v. PalssonCalifornia Supreme Court · 1976

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3Cited by16 opinions

  1. Ringler Associates Inc. v. Maryland Casualty Co.California Court of Appeal · 2000
  2. Smith v. MaldonadoCalifornia Court of Appeal · 1999
  3. Holiday Matinee, Inc. v. Rambus, Inc.California Court of Appeal · 2004
  4. Trinkle v. California State LotteryCalifornia Court of Appeal · 1999
  5. Ananda Church of Self-Realization v. Massachusetts Bay InsuranceCalifornia Court of Appeal · 2002

11 more not listed; retrieve them via the Exa API.

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