Mayfield v. Orozco, et al.

Filing 72

ORDER signed by Judge John A. Mendez on 9/9/15: 54 MOTION to DISMISS is GRANTED in part and DENIED in part. (Kaminski, H)

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Barbara Hadsell, Esq. [S.B. #086021]
Dan Stormer, Esq. [S.B. # 101967]
Josh Piovia-Scott, Esq. [S.B. #222364]
Mohammad Tajsar, Esq. [S.B. #280152]
HADSELL STORMER & RENICK LLP
128 N. Fair Oaks Avenue
Pasadena, California 91103
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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Lori Rifkin, Esq. [S.B. # 244081]
RIFKIN LAW OFFICE
P.O. Box 19169
Oakland, California 94619
Telephone: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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JAMES JOSHUA MAYFIELD,
JAMES ALLISON MAYFIELD, JR.
and TERRI MAYFIELD,

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Plaintiffs,
vs.

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IVAN OROZCO, in his individual
capacity, SHERIFF SCOTT JONES, in
his individual and official capacity,
JAMES LEWIS, in his individual and
official capacity, RICK PATTISON, in
his individual and official capacity,
COUNTY OF SACRAMENTO,
UNIVERSITY OF CALIFORNIA
DAVIS HEALTH SYSTEM, DR.
GREGORY SOKOLOV, in his
individual capacity, DR. CHARLES
SCOTT, in his individual capacity, DR.
ROBERT HALES, in his individual
capacity, and Does 1-5,

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Defendants.

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Case No.: 2:13-CV-02499-JAM-AC

ORDER RE MOTION TO DISMISS

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The Court, having considered the Motions to Dismiss and Strike filed by

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Defendants University of California Davis Health Systems (UCDHS) and Drs. Sokolov,

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Hales, and Scott, grants the motions in part and denies the motions in part, as set forth

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below:

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(1)

The Court finds that Defendant UCDHS has made a prima facie showing

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that the Regents of the University of California is the contracting entity with the County

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of Sacramento, and therefore an arm of the state and immune from state law claims in

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federal court. Therefore, the Court GRANTS Defendant’s motion to dismiss Plaintiffs’

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Seventh, Eighth, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Claims as to

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Defendant UCDHS.
(2)

The Court GRANTS Defendants’ motion to strike Plaintiffs’ Sixteenth

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Claim on behalf of Plaintiffs James Allison Mayfield and Terri Mayfield. Plaintiff James

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Joshua Mayfield’s Sixteenth Claim for negligent infliction of emotion distress remains.

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(3)

The Court GRANTS Defendants’ motion to strike Plaintiffs’ prayer for

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restitution and punitive damages against UCDHS. The Court DENIES the remainder of

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Defendants’ motion to strike.

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(4)

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The Third Amended Complaint, as modified by this Order, is the operative

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complaint going forward. Any Defendants who have not yet filed an answer to the Third

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Amended Complaint are ordered to do so within twenty days.

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The Court DENIES the remainder of Defendants’ motions.

It is so ordered.

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DATED: _9/9/2015______________

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/s/ John A. Mendez____________
John A. Mendez
United States District Court Judge

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[PROPOSED] ORDER RE: MOTION TO DISMISS

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CASE NO. 2:13-CV-02499-JAM-AC