Under the Knox-Keene Act, health care plans must reimburse out-of-contract hospital for emergency services provided to plan members at the reasonable and customary value for those services (in the absence of a contract setting another rate). A hospital may sue a health plan in quantum meruit if if thinks the health plan has paid less than the reasonable and customary value for its services. However, this decision holds that a hospital may not sue a health plan in tort for paying less than the required value. Tort is rarely a remedy for purely economic loss. Recognizing such a tort would likely increase the cost of medical care and health insurance as plans would likely be sued for punitive damages, so they would have an incentive to overpay to avoid suit. Centinela Freeman Emergency Medical Associates v. Health Net of California (2016) 1 Cal.5th 994 is distinguishable as it dealt with a situation not covered by the statute, whereas the statutory quantum meruit remedy addresses the hospital’s concerns in this case. The decision also holds that the hospital cannot state a 17200 claim against the health plan. Restititution would merely repeat the quantum meruit recovery allowed by statute. An injunction to pay reasonable and customary value would be too vague to be enforceable. Reasonable and customary value is properly measured by the hypothetical reasonable buyer and seller standard generally applied in quantum meruit cases. The trial court did not err in excluding evidence of what the hospitals paid Kaiser for emergency services for hospital employees under Evid. Code 352, as focus on the particular parties rather than general market conditions would likely mislead the jury.