Estate of D. Martin v. Cal Dept Va

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ESTATE OF DOROTHY MARTIN; and 

MARY MARTIN,

Plaintiff-Appellants, v.

CALIFORNIA DEPARTMENT OF

VETERANS AFFAIRS, a California Public Corporation; BRUCE THIESEN, individually and as Secretary of the California Department of Veterans Affairs; No. 06-16850 GEORGE H. ANDRIES, JR., D.C. No. individually and as Deputy  CIV-02-02334-DFL- Secretary for Veterans Homes; GGH

MARCELLA MCCORMACK,

OPINION

individually and as Administrator of Veterans Home of California, Yountville; JOHN HELTSLY, individually and as Administrator of Veterans Home of California, Barstow; and TOM ARNOLD, individually and as Administrator of Veterans Home of California, Chula Vista, Defendants-Appellees.  Appeal from the United States District Court for the Eastern District of California David F. Levi, District Judge, Presiding

Argued and Submitted June 13, 2008—San Francisco, California

3601 3602 ESTATE OF MARTIN v. CALIFORNIA DEPARTMENT Filed March 26, 2009

Before: J. Clifford Wallace, Harry Pregerson,* and Susan P. Graber, Circuit…