Razavi v. Valley Medical Center, et al
Filing
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ORDER granting 18 Motion to Dismiss. Judgment will be entered in favor of the Hospital and the Clerk shall close this file. Signed by Judge Edward J. Davila on 10/19/2017. (ejdlc1S, COURT STAFF) (Filed on 10/19/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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MELINA RAZAVI,
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Case No. 5:16-cv-07000-EJD
Plaintiff,
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ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS
v.
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VALLEY MEDICAL CENTER, et al.,
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Re: Dkt. No. 18
United States District Court
Northern District of California
Defendants.
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Serial Plaintiff Melina Razavi1 (“Plaintiff”) brings the instant action under Title II of the
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Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131 et seq., along with other state-law
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claims against Defendant Valley Medical Center (the “Hospital”). Federal jurisdiction arises
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under 28 U.S.C. § 1331, and presently before the court is the Hospital’s Motion to Dismiss. Dkt.
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No. 18. Plaintiff opposes.
Because the third iteration of the ADA claim still does not plausibly establish all of the
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requisite elements, the Motion to Dismiss will be granted for the reasons explained below.
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I.
Plaintiff alleges she suffered a stroke several years ago and is permanently disabled. SAC,
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BACKGROUND
at ¶ 11. Plaintiff is “unable to care for herself or attend to many of her daily needs.” Id.
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The Hospital “offers medical care to the general public” through the County of Santa
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Clara. SAC, at ¶¶ 7, 9. On or about December 2, 2014, Plaintiff was “within and about” the
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Plaintiff has filed the following federal lawsuits since 2015 in addition to the instant action: 4:15cv-04353-KAW; 5:15-cv-02574-EJD; 5:15-cv-04740-NC; 5:16-cv-01388-BLF;
5:16-cv-04119-EJD; 5:16-cv-04969-EJD; 5:16-cv-05140-EJD; 3:17-cv-00717-JST;
5:17-cv-02088-EJD; and 5:17-cv-04341-BLF.
Case No.: 5:16-cv-07000-EJD
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
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Hospital, suffering from “traumatic injuries, including bleeding from her major body parts and
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orifices, uterus, urinary, rectum, nose and mouth, and suffered from concussion, shock, distress,
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pain, and injuries to her head, neck and back.” Id. at ¶ 12. According to Plaintiff, personnel at the
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Hospital “falsely stated” in her medical records that she was suffering from a “fall” rather than
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from the effects of a car accident. Id. at ¶ 13. On that basis, Plaintiff alleges the personnel refused
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to treat her injuries and discharged her prematurely, refused to provide her with a wheelchair while
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she was at the Hospital, and refused to transport her to the curbside after she was discharged. Id.
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at ¶¶ 14-17.
Plaintiff filed a letter on December 6, 2016, which the court construed as a complaint and
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dismissed with leave to amend under a 28 U.S.C. § 1915 review. Dkt. Nos. 1, 5. Plaintiff then
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United States District Court
Northern District of California
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filed a First Amended Complaint, which the court again dismissed under § 1915. Dkt. Nos. 10,
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11. Plaintiff filed the SAC on January 27, 2017, asserting the following claims: (1) negligence,
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(2) violation of the ADA, (3) fraud, and (4) conspiracy. This motion followed.
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II.
LEGAL STANDARD
Federal Rule of Civil Procedure 8(a) requires a plaintiff to plead each claim with sufficient
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specificity to “give the defendant fair notice of what the . . . claim is and the grounds upon which
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it rests.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (internal quotations omitted).
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The factual allegations in the complaint “must be enough to raise a right to relief above the
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speculative level” such that the claim “is plausible on its face.” Id. at 556-57. A complaint that
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falls short of the Rule 8(a) standard may be dismissed if it fails to state a claim upon which relief
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can be granted. Fed. R. Civ. P. 12(b)(6). “Dismissal under Rule 12(b)(6) is appropriate only
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where the complaint lacks a cognizable legal theory or sufficient facts to support a cognizable
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legal theory.” Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th Cir. 2008).
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When deciding whether to grant a motion to dismiss, the court must generally accept as
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true all “well-pleaded factual allegations.” Ashcroft v. Iqbal, 556 U.S. 662, 664 (2009). The court
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must also construe the alleged facts in the light most favorable to the plaintiff. See Retail Prop.
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Trust v. United Bhd. of Carpenters & Joiners of Am., 768 F.3d 938, 945 (9th Cir. 2014)
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Case No.: 5:16-cv-07000-EJD
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
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(providing the court must “draw all reasonable inferences in favor of the nonmoving party” for a
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Rule 12(b)(6) motion). However, “courts are not bound to accept as true a legal conclusion
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couched as a factual allegation.” Iqbal, 556 U.S. at 678.
Also, the court usually does not consider any material beyond the pleadings for a Rule
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12(b)(6) analysis. Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1555 n. 19
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(9th Cir. 1990). Exceptions to this rule include material submitted as part of the complaint or
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relied upon in the complaint, and material subject to judicial notice. See Lee v. City of Los
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Angeles, 250 F.3d 668, 688-69 (9th Cir. 2001).
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III.
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United States District Court
Northern District of California
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DISCUSSION
The court first takes up the sole federal claim asserted in the SAC. Doing so proves
dispositive.
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A.
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The court previously determined that Plaintiff’s ADA claim arises under Title II rather
Governing Authority
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than Title III because the Hospital is an arm of the county. Dkt. No. 11, at 2:27-3:8 (citing
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Sharkey v. O’Neal, 778 F.3d 767, 770 (9th Cir. 2015); Disabled Rights Action Comm. v. Las
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Vegas Events, Inc., 375 F.3d 861, 872 (9th Cir. 2004)). Title II provides that “no qualified
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individual with a disability shall, by reason of such disability, be excluded from participation in or
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be denied the benefits of the services, programs, or activities of a public entity, or be subjected to
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discrimination by any such entity.” 42 U.S.C. § 12132. Like the ADA’s other titles, Title II’s aim
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is to eliminate the “unjustified segregation and isolation of disabled persons.” Townsend v.
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Quasim, 328 F.3d 511, 516-17 (9th Cir. 2003). Its implementing regulations require a public
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entity to “administer services, programs, and activities in the most integrated setting appropriate to
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the needs of qualified persons with disabilities,” and to “make reasonable modifications in
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policies, practices, or procedure when the modifications are necessary to avoid discrimination on
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the basis of disability” unless the modifications would fundamentally alter the nature of a service,
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program, or activity. 28 C.F.R. §§ 35.130(b)(7), (d).
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To state a claim under Title II of the ADA, a plaintiff must allege that: “(1) [she] is an
Case No.: 5:16-cv-07000-EJD
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
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individual with a disability; (2) [she] is otherwise qualified to participate in or receive the benefit
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of some public entity’s services, programs, or activities; (3) [she] was either excluded from
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participation in or denied the benefits of the public entity’s services . . . or was otherwise
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discriminated against by the public entity; and (4) such exclusion, denial . . . or discrimination was
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by reason of [her] disability.” McGary v. City of Portland, 386 F.3d 1259, 1265 (9th Cir. 2004).
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For compensatory damages under Title II, a plaintiff must establish the defendant acted
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with discriminatory intent or deliberate indifference. Duvall v. Cnty. of Kitsap, 260 F.3d 1124,
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1138-39 (9th Cir. 2001). For injunctive relief, a plaintiff “must present facts showing a threat of
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immediate, irreparable harm before a federal court will intervene.” Midgett v. Tri-County Metro.
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Transp. Dist. of Oregon, 254 F.3d 846, 851 (9th Cir. 2001).
United States District Court
Northern District of California
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B.
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In support of the Title II claim, Plaintiff alleges facts in addition to those already recited
Application to the SAC
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above. To that end, Plaintiff states she sought medical treatment from the Hospital following the
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car accident, and that the Hospital was aware of her “permanent disabilities” because she was
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treated there previously. SAC, at ¶ 32. She alleges her disabilities “were exacerbated and made
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more acute” as a result of the car accident, that she was “disabled due to paralysis of the car
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accident,” and that the Hospital’s staff “could see she couldn’t get out of bed or get up by herself.”
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Id. at ¶¶ 33, 34. Plaintiff further alleges a doctor, Michael Jones, noted Plaintiff could not get up,
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told Plaintiff she was “very consistent,” and said that “after an accident paralysis happens and
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muscles press on nerves so hard that patient can’t move by herself.” Id. at ¶ 34. Plaintiff surmises
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the Hospital should have provided a wheelchair” because she “had loss of consciousness.” Id. at
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¶ 35.
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Plaintiff contends the Hospital’s personnel “informally ‘flagged’ her in-house file falsely
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accusing her as being a ‘medication addict’, . . . and they had also falsely accused her that her
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injuries and disabilities were ‘All in her head!’” and that she would come to the Hospital without a
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need for treatment, on an emergency basis or otherwise. Id. at ¶ 37. Plaintiff declares:
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Due to this improper flagging, [the Hospital’s] personnel refused to
Case No.: 5:16-cv-07000-EJD
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
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treat [Plaintiff] for her injuries or for the symptoms of her disability
that had become worse as a result of the car accident. Instead, [the
Hospital’s] personnel improperly maintained that [Plaintiff] did not
require treatment at that time and sought to discharge her.
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Id. at ¶ 38.
Focusing in on Title II’s causation element, the Hospital argues these allegations fail to
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state a claim because they describe purportedly inadequate medical care rather than disability
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discrimination in public services. In other words, the Hospital contends the SAC does not
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demonstrate that Plaintiff was allegedly denied medical care because of her disability, but for
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other reasons. The court must agree.
Importantly, Title II’s causation element emphasizes that “a plaintiff proceeding under
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Title II of the ADA must, similar to a Section 5042 plaintiff, prove that the exclusion from
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United States District Court
Northern District of California
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participation in the program was ‘solely by reason of disability’” (Weinreich v. L.A. Cty. Metro.
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Transp. Auth., 114 F.3d 976, 978-79 (9th Cir. 1997) (quoting Does 1-5 v. Chandler, 83 F.3d 1150,
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1155 (9th Cir. 1996)), or in a mixed-motive case, “that discrimination on the basis of disability
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was a ‘motivating factor’ for the decision (Marin v. Cal. Dep’t of Veterans Affairs, 560 F.3d 1042,
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1048 (9th Cir. 2009)).
Viewed under either standard, and assuming Plaintiff has identified qualifying disability
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due to a stroke, the SAC does not plausibly establish that the Hospital declined Plaintiff treatment
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by reason of her disability. To the contrary, the SAC explicitly provides that the Hospital denied
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Plaintiff care and discharged her because its personnel perceived Plaintiff did not have a
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qualifying disability, or any injury, for that matter. As noted, Plaintiff alleges the Hospital’s
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personnel either “flagged” her as a medication addict (SAC, at ¶¶ 37-38), believed she was
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malingering (SAC, at ¶ 37), or was suffering from a “fall” rather than from the effects of a car
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accident (SAC, at ¶ 13). Indeed, Plaintiff unequivocally alleges that due to “improper flagging,”
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she was refused treatment for her injuries or the symptoms of her disability. That sort of exclusion
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from services is not “based on the fact or perception that [Plaintiff] has a disability,” and therefore
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This reference is to § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.
Case No.: 5:16-cv-07000-EJD
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
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does not constitute discrimination in violation of Title II, even if one doctor agreed she was
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experiencing symptoms of paralysis. Weinreich, 114 F.3d at 979.
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In sum, the SAC’s allegations expressly disclaim the possibly that the Hospital neglected
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to reasonably accommodate Plaintiff based on a disability, and Title II does not mandate public
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entities provide medical treatment for a disability or other injuries. Plaintiff’s Title II claim must
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be dismissed.
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C.
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The court must now decide whether Plaintiff should be permitted leave to amend her Title
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Leave to Amend
II claim for a third time. Leave to amend is generally granted with liberality. Fed. R. Civ. P.
15(a)(2) (“The court should freely give leave when justice so requires.”); Morongo Band of
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United States District Court
Northern District of California
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Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990). Leave need not be granted,
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however, where the amendment of the complaint would cause the opposing party undue prejudice,
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is sought in bad faith, constitutes an exercise in futility, or creates undue delay. Foman v. Davis,
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371 U.S. 178, 182 (1962); Janicki Logging Co. v. Mateer, 42 F.3d 561, 566 (9th Cir. 1994).
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Leave to amend may also be denied for “failure to cure deficiencies by amendments previously
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allowed.” Leadsinger, Inc. v. BMG Music Publ’g, 512 F.3d 522, 532 (9th Cir. 2008).
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Here, Plaintiff was previously advised that a complaint must contain a short and plain
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statement of her claims under Rule 8. Dkt. No. 5. Plaintiff was also specifically advised of the
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elements necessary to plead a Title II claim, as was notified of the causation deficiency presented
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by her factual allegations - which largely remain unchanged from the preceding complaint. Dkt.
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No. 11, at 4:1-4 (“Furthermore, Plaintiff has not plausibly alleged that Defendant failed to
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accommodate her because of her disability, as opposed to other reasons. Indeed, Plaintiff’s
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original letter complaint contains a series of alleged explanations for the treatment she received by
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Defendant, none of which are based on any disability stemming from a stroke.”).
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Plaintiff has failed to remedy the deficient allegations after two opportunities. Thus, the
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court finds that permitting further amendment would be futile at this point, and will dismiss the
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Title II claim without leave to amend.
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Case No.: 5:16-cv-07000-EJD
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
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D.
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State Law Claims
Plaintiff re-pled claims under state law after they were dismissed without prejudice for lack
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of subject matter jurisdiction. Since her sole federal claim will again be dismissed, the court will
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also dismiss the state-law claims without prejudice. See 28 U.S.C. § 1367(c)(3); see also Acri v.
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Varian Assocs., Inc., 114 F.3d 999, 1000 (9th Cir. 1997) (en banc).
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IV.
ORDER
Based on the foregoing, the Motion to Dismiss (Dkt. No. 18) is GRANTED. The Title II
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claim is DISMISSED WITHOUT LEAVE TO AMEND. All other claims are DISMISSED
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WITHOUT PREJUDICE.
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Judgment will be entered in favor of the Hospital and the Clerk shall close this file.
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United States District Court
Northern District of California
IT IS SO ORDERED.
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Dated: October 19, 2017
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______________________________________
EDWARD J. DAVILA
United States District Judge
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Case No.: 5:16-cv-07000-EJD
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
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