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Goncalves v. Rady Children's Hospital San Diego

United States District Court, S.D. California

December 4, 2014

LUCAS GONCALVES, a minor, by and through his Guardian Ad Litem Tony Goncalves, Plaintiff,
v.
RADY CHILDREN'S HOSPITAL SAN DIEGO and DOES 1 through 30, Inclusive, Defendants

Decided: December 3, 2014.

Page 986

For Lucas Goncalves, a minor, by and through his Guardian ad Litem, Tony Goncalves, Plaintiff: Cynthia R Chihak, LEAD ATTORNEY, Cynthia R Chihak and Associates, San Diego, CA; Donald Mitchell de Camara, LEAD ATTORNEY, Law Offices of Donald M de Camara, Carlsbad, CA.

For Blue Cross Shield of Massachusetts, Anthem Blue Cross Blue Shield of New Hampshire, Blue Cross of California, Petitioners: Anthony F Shelley, LEAD ATTORNEY, PRO HAC VICE, Miller & Chevalier, Washington, DC; John M LeBlanc, LEAD ATTORNEY, Manatt, Phelps & Phillips, LLP, Los Angeles, CA.

Page 987

ORDER: (1) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO REMAND TO STATE COURT;  [ECF No. 6] (2) GRANTING PLAINTIFF'S EX PARTE MOTION FOR LEAVE TO FILE SUBMISSION OF SUPPLEMENTAL AUTHORITY [ECF No. 19]

HON. GONZALO P. CURIEL, United States District Judge.

I. INTRODUCTION

Before the Court is Plaintiff Lucas Gonvalves's, a minor by and through his Guardian Ad Litem Tony Goncalves, (" Plaintiff" ) Motion to Remand to State Court. (ECF No. 6.) Blue Cross and Blue Shield of Massachusetts (" BCBS-MA" ), Anthem Blue Cross Blue Shield of New Hampshire (" BCBS-NH" ), and Blue Cross of California (" BC-CA" ) (collectively, the " Blues" ) opposed. (ECF No. 15.) Plaintiff responded to the Blues' opposition. (ECF No. 16.) A hearing was held on November 7, 2014. (ECF No. 22.)

The parties have fully briefed the motion. (ECF Nos. 6, 15, 16.) Upon review of the moving papers, admissible evidence, oral argument, and applicable law, the Court finds that the probate exception applies to this case and GRANTS Plaintiff's Motion to Remand to State Court.

II. PROCEDURAL HISTORY

On February 2, 2011, Plaintiff filed a complaint in San Diego Superior Court alleging medical malpractice against Rady Children's Hospital San Diego (" RCHSD" ) and Does 1 through 30 (the " State Court Case" ). ( See ECF No. 1-1, Ex. A-1, at 2.[1], In the State Court Case, on July 14, 2014, Plaintiff filed a Motion for an Order Expunging Blue Cross/Blue Shield's Lien. ( Id.) On July 28, 2014, the Blues removed this action to the United States District Court for the Southern District of California. (ECF No. 1.)

On August 26, 2014, Plaintiff filed a motion to remand this case to state court. (ECF No. 6.) On October 3, 2014, the Blues filed an opposition to Plaintiff's motion. (ECF No. 15.) On October 17, 2014, Plaintiff filed a response to the Blues' opposition. (ECF No. 16.)

On November 3, 2014, Plaintiff filed an ex parte motion for leave to file submission of supplemental authority. (ECF No. 19.) On November 4, 2014, the Blues opposed Plaintiff's ex parte motion. (ECF No. 20.) Good cause appearing, the Court GRANTS Plaintiff's ex parte motion and considers the arguments raised in both the ex parte motion and its opposition.

III. FACTUAL BACKGROUND

On October 2, 2007, Plaintiff was born at Pioneer Memorial Hospital in Brawley, California and was subsequently transferred to Rady Children's Hospital of San Diego (" RCHSD" ) in San Diego, California.

Page 988

(ECF No. 6-1, at 5.) While being treated at RCHSD, Plaintiff suffered internal injuries that he alleges are a result of medical negligence. (ECF No. 1-1, Ex. A-1, at 2-3.) On May 12, 2008, Plaintiff was transferred to Children's Hospital Boston in Boston, Massachusetts. ( Id. at 3.) On February 2, 2011, Plaintiff filed the State Court Case alleging medical malpractice. ( Id. at 2.)

At the time of Plaintiff's birth, his father was a federal employee enrolled in a Federal Employee Health Benefit Act (" FEHBA" ) health insurance plan (the " Plan" ) maintained by the Blues. (ECF No. 1-1, Ex. A-1, at 2.) Pursuant to the Plan, the Blues paid Plaintiff $459,483.57 for the medical treatment ...


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