Kotler v. PacifiCare of California (2005) 126 Cal.App.4th 950

Published Appellate Opinions

California Court of Appeals

Jeffrey I. Ehrlich, Certified Appellate Specialist
California Civil Appeals Attorney

California Courts of Appeal SealKotler v. PacifiCare of California (2005) 126 Cal.App.4th 950.

Summary

On a motion for summary judgment, it was concluded there was a question of fact whether a delay of six weeks in arranging for a specialist was reasonable, in Kotler the health care services plan denied two appeals by the patient that sought reimbursement for a specialist the patient saw on his own because of the delay. (Id. at pp. 956-957.)

This was the first case in California to hold that an HMO could be sued for bad-faith for making its subscribers wait an unreasonable amount of time for medical treatment.


Legal Writing for the Plaintiffs’ Trial Bar

Few attorneys can match Mr. Ehrlich’s appellate experience. His skill is in analyzing complex legal and factual issues, and presenting them to the court in a clear, persuasive manner. We can help plaintiff’s attorneys with any appellate matter in either the state or the federal appellate courts.

We can defend favorable verdicts and attack unfavorable ones. We can draft writ petitions to seek appellate review of a devastating – but unappealable – trial court ruling, or respond to petitions filed by an opponent. We are experienced in seeking reversals in cases where the defendant has prevailed on summary judgment.