Torres v. Adventist Health System/West
The court held that a plaintiff's Consumer Legal Remedies Act claim based solely on an undisclosed emergency-room "evaluation and management" surcharge fails because the complaint did not plead the element of reliance with sufficient particularity and the alleged omission does not fall within any of the CLRA's enumerated unfair practices, and therefore the trial-court's dismissal of the claim was affirmed.
Date Filed: April 14, 2022
Case Name: Torres v. Adventist Health System/West
Case Number: F081415
Court: California Court of Appeal, Fifth Appellate District
The Fifth District Court of Appeal holds that a plaintiff’s Consumer Legal Remedies Act claim based solely on an undisclosed emergency‑room “evaluation and management” surcharge fails because the complaint does not plead the element of reliance with sufficient particularity and the alleged omission does not fall within any of the CLRA’s enumerated unfair practices. Accordingly, the court affirms the trial‑court judgment dismissing the claim, underscoring that CLRA liability requires a specific reliance allegation and that mere nondisclosure of hospital fees is not, by itself, a CLRA violation.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.