Government
Jul. 11, 2023
Government Claims Act doesn’t shield county from all suits
The hospital plaintiffs “have alleged an implied-in-law contract claim based on the reimbursement provision of the Knox-Keene Act, and seek only to compel the county to comply with its statutory duty,” Chief Justice Patricia Guerrero wrote.
The state Supreme Court on Monday reversed an appellate court ruling that granted immunity to Santa Clara County from a lawsuit by two hospitals for emergency services against publicly operated health plans.
The 6th District Court of Appeal ruled that the county was immune under the Government Claims Act. But Chief Justice Patricia Guerrero, writing for a unanimous court, said the hospitals “have not alleged a conventional common law tort ...
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