Legal Opinion
Yarick v. PacifiCare of California
California Court of Appeal
Decided December 1, 2009No. F057032PublishedCited by 5 opinions
1Opinion of the Court
Opinion
VARTABEDIAN, Acting P, J.
This is an appeal from judgment entered after the court sustained without leave to amend a demurrer to the fourth amended complaint filed by plaintiff and appellant Lisa Yarick, administrator of the estate of Joseph Yarick. The court ruled that claims against defendant and respondent PacifiCare of California (hereafter respondent), one of several defendants below, were “preempted in [their] entirety by the federal government.” (Capitalization omitted.) We agree and will affirm the judgment.
Facts and Procedural History
According to the allegations of the fourth…
2Cases cited7 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Blank v. KirwanCalifornia Supreme Court · 1985
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Gade v. National Solid Wastes Management Assn.Supreme Court of the United States · 1992
- Sprietsma v. Mercury MarineSupreme Court of the United States · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- ReadyLink Healthcare, Inc. v. State Compensation Insurance FundCourt of Appeals for the Ninth Circuit · 2014
- Martin v. PacifiCare of CaliforniaCalifornia Court of Appeal · 2011
- Roberts v. United Healthcare Services, Inc.California Court of Appeal · 2016
- Cotton v. Starcare Medical Group, Inc.California Court of Appeal · 2010
- Quishenberry v. UnitedHealthcare, Inc.California Supreme Court · 2023