On June 14, 2013, Santa Clara County Superior Court Judge James P. Kleinberg denied defendants' attempt to dismiss certain of the claims, known under California law as overruling their demurrers. Judge Kleinberg had previously sided with Aetna and refused to dismiss most of its claims in October 2012. The defendants are Bay Area Surgical Management, LLC ("BASM"), six surgery centers managed by BASM, and three individuals who run the company; and Pacific Heights Surgery Center. The case is Aetna Life Insurance Company v. Bay Area Surgical Management LLC, et al., 1-12-CV-217943. The complaint asserts claims of unfair competition, intentional interference with Aetna's contractual relations with its members and with its in-network participating providers, fraud, declaratory judgment and unjust enrichment. *In August 2017, our firm name changed to Berman Tabacco.