Opinion
HELTON LAW GROUP, APC Kim Worobec, Attorneys for Plaintiff, Doctors Medical Center of Modesto, Inc.
ANTHEM BLUE CROSS Legal Department, Janet Andrea, Attorneys for Defendants Blue Cross of California dba Anthem Blue Cross and Anthem Blue Cross and Health Insurance Company.
STIPULATION TO REMAND REMOVED ACTION; [PROPOSED] ORDER THEREON
GARLAND E. BURRELL, Jr., Senior District Judge.
DOCTORS MEDICAL CENTER OF MODESTO ("DMCM" or "Plaintiff") and BLUE CROSS OF CALIFORNIA doing business as ANTHEM BLUE CROSS, ANTHEM BLUE CROSS LIFE AND HEALTH INSURANCE COMPANY, and SIERRA PACIFIC INDUSTRIES HEALTH BENEFITS PLAN ("Defendants") stipulate as follows:
1. On August 13, 2013, DMCM commenced an action in the Superior Court of the State of California in and for the County of Stanislaus, entitled DOCTORS MEDICAL CENTER OF MODESTO, INC., a California Corporation, Plaintiff, vs. BLUE CROSS OF CALIFORNIA, a California Corporation; ANTHEM BLUE CROSS LIFE AND HEALTH INSURANCE COMPANY, a California Corporation; SIERRA PACIFIC INDUSTRIES HEALTH BENEFITS PLAN (the "Plan"), a California Corporation; and DOES 1 through 25, inclusive, Defendants, as Case Number 2001739 (the "Action").
2. The Plan acknowledged service of the complaint on or about August 21, 2013.
3. September 20, 2013, the Plan filed a notice of removal of the Action pursuant to 28 U.S.C. §1441(b) with the United States District Court for the Eastern District of California.
4. On September 23, 2013, the Plan completed the removal process by filing a conformed copy of the notice of removal with the Stanislaus County Superior Court.
5. After some discussion, the parties have agreed that the Action should be remanded to the Stanislaus County Superior Court. Plaintiff's Complaint does not assert an ERISA §502(a) claim or seek ERISA benefits; rather it asserts state law tort and contract claims. The Ninth Circuit has recognized a hospital provider's right to assert state law causes of action and have them heard in state court - Such claims are not preempted by ERISA. Marin General Hosp. v. Modesto & Empire Traction Co. (9th Cir. 2000) 582 F.3d. 941, 943; Catholic Healthcare West-Bay Area v. Seafarers Health and Benefits Plan, No. 07-15281, 2008, U.S. App. LEXIS 26734, 2008 WL 4951648, at *1 (9th Cir. Nov. 18, 2008) (finding the plaintiff hospital's state law claims against an ERISA plan for breach of implied contract, negligent misrepresentation, estoppel, quantum meruit, and a common count for services rendered were not preempted.) Thus, the parties hereby stipulate that the Action should be remanded to Stanislaus County Superior Court.
6. The Parties further stipulate that each party shall bear its own attorneys' fees and costs with respect to the removal and subsequent remand of the Action pursuant to this stipulation and order.
ORDER
On October 16, 2013, the Parties to the above-referenced action filed a Stipulation to Remand Removed Action. This case is remanded to Stanislaus County Superior Court.
IT IS SO ORDERED.