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California Law Update – September 2022

By September 30, 2022December 3rd, 2022Law Updates
  1. (Health Care) Categorical exclusion of adult chiropractic services from Arizona’s state Medicaid program was a violation of the Medicaid Act. Arizona Alliance for Community Health Centers v. Arizona Health Care Cost Containment System (No. 21-16262 D.C. No. 4:19-cv-00517JGZ United States Court of Appeals Ninth Circuit Filed September 2, 2022)
  2. (Contracts) Settlement agreement containing condition precedent regarding method of payment that never materialized was still enforceable because it contained an independent, enforceable promise to pay. Helen Gray-Jones v. Sandra Spencer (No. A162543 San Mateo County Super. Ct. No. 17PRO01298 California Court of Appeal First Appellate District Division Three Filed September 2, 2022)
  3. (Disability Discrimination) Deaf individuals’ disability discrimination claim failed when, under the totality of the circumstances, it was shown they were provided auxiliary aids that permitted effective communication. Mark Bax; Lucia Pershe Bax, & Mary Birmingham v. Dcotors Medical Center of Modesto, Inc. & Tenent Healthcare Corporation (No. 21-16532 D.C. No 1:17-cv-01348-DAD-SAB United States Court of Appeals Ninth Circuit Filed September 12, 2022)
  4. (Torts) Subcontractor retained responsibility for its employee’s workplace injury even though the general contractor created the hazard. Tommy Ray McCullar v. SMC Contracting Incorporated (No. C093295 Super. Ct. No. SC20160049 California Court of Appeal Third Appellate District Filed September 13, 2022)
  5. (Anti-SLAPP) Surgeon was not likely to prevail on retaliation claims against employer hospital because they were based on communicative statements protected by the litigation privilege. Aram Bonni v. St. Joseph Health System (No. G052367 Super. Ct. No. 30-2014-00758655 California Court of Appeal Fourth Appellate District Division Three Filed September 14, 2022)
  6. (Consumer Law) After a medical center’s data breach, to determine standing for their Unfair Competition Law claim, patients were not required to establish subsequent misappropriation of their personal identifying information. April Kay Moore v. Centrelake Medical Group, Inc. (No. B310859 Los Angeles County Super. Ct. No. 19STCV19196 California Court of Appeal Second Appellate District Division Four Filed September 16, 2022)
  7. (Civil Procedure) In a medical malpractice auction, health care provider failed to establish that plaintiff’s request for an autopsy indicated subjective suspicion of wrongdoing, which would have commenced the limitations period. Charlotte Kernan v. The Regents of the University of California (No. A162750 San Francisco City & County Super. Ct. No. CGC-18-564062 California Court of Appeal First Appellate District Division Four Filed September 20, 2022)
  8. (Arbitration) Arbitration had the power to amend arbitration award to clarify losing party was not entitled to indemnity for fees and costs incurred. David Starr v. Jeffrey Mayhew (No. G060277 Super. Ct. No. 30-2020-01125629 California Court of Appeal Fourth Appellate District Division Three Filed September 28, 2022)
  9. (Torts) Summary judgment was appropriate where independent contractor’s injured employee seeking to hold hirer liable failed to demonstrate hirer exercised retained control or failed to disclose a concealed hazardous condition. Ricky Lee Miller, Jr. v. Roseville Lodge No. 1293 (No. C090751 Super. Ct. No. 34-2017-00207092-CU-PO-GDS California Court of Appeal Third Appellate District Filed September 28, 2022)
  10. (Health Care) When determining California Department of Health Care Services’ lien award on Medi-Cal beneficiary’s wrongful life settlement, trial court erred by failing to distinguish between past medical expenses and other damages. Daniel C. v. White Memorial Medical Center, State Department of Health Care Services (No. B308253 Los Angeles County Super. Ct. No. BC585574 California Court of Appeal Second Appellate District Division Three Filed September 28, 2022)
  11. (Tort) Ambulance company owed a general duty of care to plaintiff who sustained injuries by unbuckling herself and stepping out of a moving ambulance while being transported. T.L., a minor v. City Ambulance of Eureka, Inc. (No. A162508 Humboldt County Super. Ct. No. DR180790) California Court of Appeal First Appellate District Division One Filed September 29, 2022)

The above referenced court opinions have come to our attention during last month. Please find below a brief summary of these opinions for your consideration.

  1. (Health Care) Categorical exclusion of adult chiropractic services from Arizona’s state Medicaid program was a violation of the Medicaid Act. Arizona Alliance for Community Health Centers v. Arizona Health Care Cost Containment System (No. 21-16262 D.C. No. 4:19-cv-00517JGZ United States Court of Appeals Ninth Circuit Filed September 2, 2022)
  1. (Contracts) Settlement agreement containing condition precedent regarding method of payment that never materialized was still enforceable because it contained an independent, enforceable promise to pay. Helen Gray-Jones v. Sandra Spencer (No. A162543 San Mateo County Super. Ct. No. 17PRO01298 California Court of Appeal First Appellate District Division Three Filed September 2, 2022)
  1. (Disability Discrimination) Deaf individuals’ disability discrimination claim failed when, under the totality of the circumstances, it was shown they were provided auxiliary aids that permitted effective communication. Mark Bax; Lucia Pershe Bax, & Mary Birmingham v. Dcotors Medical Center of Modesto, Inc. & Tenent Healthcare Corporation (No. 21-16532 D.C. No 1:17-cv-01348-DAD-SAB United States Court of Appeals Ninth Circuit Filed September 12, 2022)
  1. (Torts) Subcontractor retained responsibility for its employee’s workplace injury even though the general contractor created the hazard. Tommy Ray McCullar v. SMC Contracting Incorporated (No. C093295 Super. Ct. No. SC20160049 California Court of Appeal Third Appellate District Filed September 13, 2022)
  1. (Anti-SLAPP) Surgeon was not likely to prevail on retaliation claims against employer hospital because they were based on communicative statements protected by the litigation privilege. Aram Bonni v. St. Joseph Health System (No. G052367 Super. Ct. No. 30-2014-00758655 California Court of Appeal Fourth Appellate District Division Three Filed September 14, 2022)
  1. (Consumer Law) After a medical center’s data breach, to determine standing for their Unfair Competition Law claim, patients were not required to establish subsequent misappropriation of their personal identifying information. April Kay Moore v. Centrelake Medical Group, Inc. (No. B310859 Los Angeles County Super. Ct. No. 19STCV19196 California Court of Appeal Second Appellate District Division Four Filed September 16, 2022)
  1. (Civil Procedure) In a medical malpractice auction, health care provider failed to establish that plaintiff’s request for an autopsy indicated subjective suspicion of wrongdoing, which would have commenced the limitations period. Charlotte Kernan v. The Regents of the University of California (No. A162750 San Francisco City & County Super. Ct. No. CGC-18-564062 California Court of Appeal First Appellate District Division Four Filed September 20, 2022)
  1. (Arbitration) Arbitration had the power to amend arbitration award to clarify losing party was not entitled to indemnity for fees and costs incurred. David Starr v. Jeffrey Mayhew (No. G060277 Super. Ct. No. 30-2020-01125629 California Court of Appeal Fourth Appellate District Division Three Filed September 28, 2022)
  1. (Torts) Summary judgment was appropriate where independent contractor’s injured employee seeking to hold hirer liable failed to demonstrate hirer exercised retained control or failed to disclose a concealed hazardous condition. Ricky Lee Miller, Jr. v. Roseville Lodge No. 1293 (No. C090751 Super. Ct. No. 34-2017-00207092-CU-PO-GDS California Court of Appeal Third Appellate District Filed September 28, 2022)
  1. (Health Care) When determining California Department of Health Care Services’ lien award on Medi-Cal beneficiary’s wrongful life settlement, trial court erred by failing to distinguish between past medical expenses and other damages. Daniel C. v. White Memorial Medical Center, State Department of Health Care Services (No. B308253 Los Angeles County Super. Ct. No. BC585574 California Court of Appeal Second Appellate District Division Three Filed September 28, 2022)
  1. (Tort) Ambulance company owed a general duty of care to plaintiff who sustained injuries by unbuckling herself and stepping out of a moving ambulance while being transported. T.L., a minor v. City Ambulance of Eureka, Inc. (No. A162508 Humboldt County Super. Ct. No. DR180790) California Court of Appeal First Appellate District Division One Filed September 29, 2022)

Should you have any questions concerning these court decisions or desire a copy of any of them, please do not hesitate to contact our office.