Golden v. Sound Inpatient Physicians Medical Group, Inc.

93 F. Supp. 3d 1171, 2015 U.S. Dist. LEXIS 33024, 2015 WL 1240489
CourtDistrict Court, E.D. California
DecidedMarch 17, 2015
DocketNo. 2:14-cv-00497-TLN-EFB
StatusPublished
Cited by1 cases

This text of 93 F. Supp. 3d 1171 (Golden v. Sound Inpatient Physicians Medical Group, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Golden v. Sound Inpatient Physicians Medical Group, Inc., 93 F. Supp. 3d 1171, 2015 U.S. Dist. LEXIS 33024, 2015 WL 1240489 (E.D. Cal. 2015).

Opinion

ORDER GRANTING DEFENDANT’S MOTIONS TO DISMISS

TROY L. NUNLEY, District Judge. .

This matter is before the Court pursuant to Defendant Sound Inpatient Physicians Medical Group, Inc.’s (“Defendant”) Motion to Dismiss. (ECF No. 34.) Plaintiff Otashe Golden, M.D. (“Plaintiff’) filed an Opposition to Defendant’s motion. (ECF No. 44.) The Court has reviewed and considered the arguments in Defen[1174]*1174dant’s Motion to Dismiss and Reply, along with Plaintiffs Opposition. The Court hereby GRANTS Defendant’s Motion to Dismiss with leave to amend.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff is the majority shareholder in California Hospitalist Physicians, Inc. (“CHP”). (ECF No. 34 at 6.) In 2009 CHP contracted with Dameron Hospital Association (“DHA”) to provide hospitalist services. (ECF No. 34 at 6.) The contract expired on April 4, 2012. (ECF No. 34 at 6.) Defendant was chosen to replace Plaintiff as the new hospitalist group for DHA. (ECF No. 34 at 6.) DHA asked community physicians to work with Defendant. (ECF No. 34 at 6.)

In the Second Amended Complaint (“SAC”) Plaintiff alleges that on April 4, 2012, she entered into agreements with several doctors to provide hospitalist services for their patients. (ECF No. 33 at ¶ 7.)

Plaintiff allegedly provided a list to Defendant that contained the doctors that designated Plaintiff as the hospitalist for their patients. (ECF No. 33 at ¶ 8.) This list was posted in the Emergency Room. (ECF No. 33 at ¶ 9.) Plaintiff alleges that Defendant’s Medical Director, Case Manager, and Hospitalist routinely instructed hospital staff to ignore the designation list and admit Plaintiffs patients as Defendant’s patients. (ECF No. 33 at ¶ 10.)

Plaintiff initially filed a complaint on February 18, 2014. (ECF No. 1.) The aforementioned complaint was dismissed because Plaintiff failed to specify proper jurisdiction. (ECF No. 13.) Plaintiff then filed the First Amended Complaint on April 28, 2014. (ECF No. 14.) The First Amended Complaint again failed to plead Plaintiffs citizenship and was dismissed. (ECF No. 32.)

Plaintiff filed the Second Amended Complaint and Demand for a Jury Trial on July 29, 2014, alleging interference with a prospective economic advantage, violation of California Business and Professions Code section 17200, and interference with the right to practice a profession. (ECF No. 33.)

Defendant contends that Plaintiffs Second Amended Complaint is both factually and legally deficient, and thus moves this Court to dismiss Plaintiffs Second Amended Complaint with prejudice, pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 34.)

II. STANDARD OF LAW

Federal Rule of Civil Procedure 8(a) requires that a pleading contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” See Ashcroft v. Iqbal, 556 U.S. 662, 678-79, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Under notice pleading in federal court, the complaint must “give the defendant fair notice of what the claim ... is and the grounds upon which it rests.” Bell Atlantic v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (internal quotations omitted). “This simplified notice pleading standard relies on liberal discovery rules and summary judgment motions to define disputed facts and issues and to dispose of unmeritorious claims.” Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002).

On a motion to dismiss, the factual allegations of the complaint must be accepted as true. Cruz v. Beto, 405 U.S. 319, 322, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972). A court is bound to give plaintiff the benefit of every reasonable inference to be drawn from the “well-pleaded” allegations of the complaint. Retail Clerks Int’l Ass’n v. Schermerhorn, 373 U.S. 746, 753 n. 6, 83 S.Ct. 1461, 10 L.Ed.2d 678 (1963). A [1175]*1175plaintiff need not allege “ ‘specific facts’ beyond those necessary to state his claim and the grounds showing entitlement to relief.” Twombly, 550 U.S. at 570, 127 S.Ct. 1955. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (citing Twombly, 550 U.S. 544, 556, 127 S.Ct. 1955 (2007)).

Nevertheless, a court “need not assume the truth of legal conclusions cast in the form of factual allegations.” United States ex rel. Chunie v. Ringrose, 788 F.2d 638, 643 n. 2 (9th Cir.1986). While Rule 8(a) does not require detailed factual allegations, “it demands more than an unadorned,- the defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. A pleading is insufficient if it offers mere “labels and conclusions” or “a formulaic recitation of the elements of a cause of action.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955; see also Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (“Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice”). Moreover, it is inappropriate to assume that the plaintiff “can prove facts that it has not alleged or that the defendants have violated the ... laws in ways that have not been alleged[.]” Associated Gen. Contractors of Cal., Inc. v. Cal. State Council of Carpenters, 459 U.S. 519, 526, 103 S.Ct. 897, 74 L.Ed.2d 723 (1983).

Ultimately, a court may not dismiss a complaint in which the plaintiff has alleged “enough facts to state a claim to relief that is plausible on its face.” Iqbal, 556 U.S. at 697, 129 S.Ct. 1937 (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). Only where a plaintiff fails to “nudge[] [his or her] claims ... across the line from conceivable to plausible[,]” is the complaint properly dismissed. Id. at 680, 129 S.Ct. 1937. While the plausibility requirement is not akin to a probability requirement, it demands more than “a sheer possibility that a defendant has acted unlawfully.” Id. at 678, 129 S.Ct. 1937. This plausibility inquiry is “a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Id. at 679, 129 S.Ct. 1937.

In ruling upon a motion to dismiss, the court may consider only the complaint, any exhibits thereto, and matters which may be judicially noticed pursuant to Federal Rule of Evidence 201. See Mir v. Little Co. of Mary Hosp.,

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93 F. Supp. 3d 1171, 2015 U.S. Dist. LEXIS 33024, 2015 WL 1240489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/golden-v-sound-inpatient-physicians-medical-group-inc-caed-2015.