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Civil Rights Litigation Clearinghouse
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Case Name California Medical Association v. Shewry PB-CA-0021
Docket / Court 2:08-cv-03363 ( C.D. Cal. )
State/Territory California
Case Type(s) Public Benefits / Government Services
Case Summary
The plaintiffs in this case were a group of medical services and medical professionals associations in the state of California. On May 5, 2008, plaintiffs filed a petition for writ of mandate and a class action complaint in the Superior Court of California, County of Los Angeles, against the ... read more >
The plaintiffs in this case were a group of medical services and medical professionals associations in the state of California. On May 5, 2008, plaintiffs filed a petition for writ of mandate and a class action complaint in the Superior Court of California, County of Los Angeles, against the Director of the California Department of Health Services. The Department is charged with the administration of California's Medicaid program, Medi-Cal. The plaintiffs alleged that Assembly Bill X3 5 ("AB 5"), which reduced by ten percent payments under the Medi-Cal fee-for-service program, violated various state and federal laws, and therefore could not lawfully be implemented. They sought declaratory relief, and preliminary and permanent injunctive relief.

On May 21, 2008, the State removed the action to the Central District of California, because it raised a question under federal law. The plaintiffs asked the court to remand the case back to the Los Angeles Superior Court, and on June 23, 2008, Judge Christina A. Snyder agreed. Judge Snyder found that since a state law equivalent existed for all of the plaintiff's federal law claims, the case could not be said to be "arising under" federal law for the purposes of federal question jurisdiction. The case was then remanded to Los Angeles Superior Court as case number CV BC 390126.

The Clearinghouse has acquired the State Court case summary, which shows ongoing activity on the case through to at least May 2013, but it is unclear from this document whether the case has lead to any substantial orders in favor of either party, or if it is approaching a settlement. The summary of this case on the California Medical Association's own website provides little information, and focuses mostly on Douglas v. Independent Living Center (in the Clearinghouse as PB-CA-16), a related suit in federal court that reached the Supreme Court.

This summary is up-to-date as of July 2013.

David Priddy - 10/04/2011
Alex Colbert-Taylor - 07/23/2013


compress summary

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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Defendant-type
Hospital/Health Department
Disability
disability, unspecified
General
Funding
Habilitation (training/treatment)
Payment for care
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Reassessment and care planning
Rehabilitation
Type of Facility
Government-run
Causes of Action Title XIX of the Social Security (Medicaid) Act, 42 U.S.C ยง1396
State law
Defendant(s) State of California
Plaintiff Description A group of medical services and medical professionals associations in the state of California.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing PB-CA-0017 : California Association For Health Services At Home v. Shewry (C.D. Cal.)
PB-CA-0018 : California Medical Transportation Association, Inc. v. Shewry (C.D. Cal.)
PB-CA-0019 : Managed Pharmacy Care v. Maxwell-Jolly (C.D. Cal.)
PB-CA-0020 : California Pharmacists Association v. Maxwell-Jolly (C.D. Cal.)
PB-CA-0016 : Independent Living Center of Southern California v. Maxwell-Jolly (C.D. Cal.)
Docket(s)
2:08-cv-03363 (C.D. Cal.) 07/07/2008
PB-CA-0021-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
BC390162 (State Trial Court) 05/06/2013
PB-CA-0021-9001.pdf | Detail
State Court Website
General Documents
Notice of Removal [With Class Action Complaint Attached] 05/21/2008
PB-CA-0021-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Remanding the Action to the Los Angeles County Superior Court 06/23/2008 (C.D. Cal.)
PB-CA-0021-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Highberger, William F. (State Trial Court)
PB-CA-0021-9001
Nagle, Margaret A. (C.D. Cal.) [Magistrate]
PB-CA-0021-9000
Snyder, Christina A. (C.D. Cal.)
PB-CA-0021-0001 | PB-CA-0021-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bookman, Lloyd A. (California)
PB-CA-0021-9000
Cannizzo, Craig J. (California)
PB-CA-0021-9000
Gross, Byron J. (California)
PB-CA-0021-9000
Keville, Jordan B. (California)
PB-CA-0021-9000
Sze, Felicia Y. (California)
PB-CA-0021-9000
Defendant's Lawyers Brown, Edmund G. Jr. (California)
PB-CA-0021-0002
Kim, Jennifer M. (California)
PB-CA-0021-0002
Matsumoto, Phillip J. (California)
PB-CA-0021-0002 | PB-CA-0021-9000
Newman, Tara L. (California)
PB-CA-0021-0002 | PB-CA-0021-9000
Ugaz, Sarah (California)
PB-CA-0021-0002 | PB-CA-0021-9000
Waldow, Richard T. (California)
PB-CA-0021-0002
Other Lawyers None on record

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