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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. )
Additional Docket(s) BC390126  [ -390126 ]  Trial Court (WY)
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 State law
Medicaid, 42 U.S.C ยง1396 (Title XIX of the Social Security Act)
Defendant(s) State of California
Plaintiff Description A group of medical services and medical professionals associations in the state of California.
Class action status sought Yes
Class action status granted Unknown
Filed Pro Se No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Filing Year 2008
Case Ongoing Perhaps, but long-dormant
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)
BC390162 (State Trial Court)
PB-CA-0021-9001.pdf | Detail
Date: 05/06/2013
Source: State Court Website
2:08-cv-03363 (C.D. Cal.)
PB-CA-0021-9000.pdf | Detail
Date: 11/05/2013
Source: PACER [Public Access to Court Electronic Records]
General Documents
Notice of Removal [With Class Action Complaint Attached] [ECF# 1]
PB-CA-0021-0002.pdf | Detail
Date: 05/21/2008
Source: PACER [Public Access to Court Electronic Records]
Order Remanding the Action to the Los Angeles County Superior Court [ECF# 27] (C.D. Cal.)
PB-CA-0021-0001.pdf | Detail
Date: 06/23/2008
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Highberger, William F. (State Trial Court) show/hide docs
PB-CA-0021-9001
Nagle, Margaret A. (C.D. Cal.) [Magistrate] show/hide docs
PB-CA-0021-9000
Snyder, Christina A. (C.D. Cal.) show/hide docs
PB-CA-0021-0001 | PB-CA-0021-9000
Plaintiff's Lawyers Bookman, Lloyd A. (California) show/hide docs
PB-CA-0021-9000
Cannizzo, Craig J. (California) show/hide docs
PB-CA-0021-9000
Gross, Byron J. (California) show/hide docs
PB-CA-0021-9000
Keville, Jordan B. (California) show/hide docs
PB-CA-0021-9000
Sze, Felicia Y. (California) show/hide docs
PB-CA-0021-9000
Defendant's Lawyers Brown, Edmund G. Jr. (California) show/hide docs
PB-CA-0021-0002
Kim, Jennifer M. (California) show/hide docs
PB-CA-0021-0002
Matsumoto, Phillip J. (California) show/hide docs
PB-CA-0021-0002 | PB-CA-0021-9000
Newman, Tara L. (California) show/hide docs
PB-CA-0021-0002 | PB-CA-0021-9000
Ugaz, Sarah (California) show/hide docs
PB-CA-0021-0002 | PB-CA-0021-9000
Waldow, Richard T. (California) show/hide docs
PB-CA-0021-0002

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