Cotton v. La Vida Multi Specialty Medical Center
This case involves an appeal from a judgment dismissing plaintiffs' action against defendant La Vida Multi Specialty Medical Center, Inc. The trial court entered judgment after sustaining defendant's demurrer to the first amended complaint without leave to amend on the ground the federal Medicare Act (42 U.S.C. § 1395 et seq.) preempted the lawsuit. Based on our recent decision in Cotton v. StarCare Medical Group, Inc. (2010) 183 Cal.App.4th 437, reversing a judgment for another defendant in this lawsuit on the same ground, the parties filed a joint stipulation to reverse the judgment for defendant with directions to remand the matter to the superior court for further proceedings. Since the parties' application complies with the requirements of Code of Civil Procedure section 128, subdivision (a)(8) and our internal operating procedures, we reverse the judgment in accordance with their request.
Plaintiffs are the children of T.J. Jackson, deceased. Jackson, a Medicare beneficiary enrolled in a health care plan named Secure Horizons operated by PacifiCare of California, Inc., died while recuperating from surgery to repair a broken leg. Plaintiffs sued several parties, including defendant, PacifiCare, and another entity named StarCare Medical Group, Inc. StarCare demurred to the original complaint, arguing the claims against it were preempted by the Medicare Act. The trial court sustained StarCare's demurrer without leave to amend and entered a judgment of dismissal. Plaintiffs filed an appeal from that judgment.
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