Bucholtz

Bucholtz v. Belshe

Good Law
114 F.3d 923·97 Daily Journal DAR 7175·1997 WL 298352·1997 U.S. App. LEXIS 13183·97 Cal. Daily Op. Serv. 4279
United States Court of Appeals for the Ninth CircuitJune 6, 1997No. 96-16438California2,674 words

Opinion

Lead Opinion

Fernandez, J.

S. Kimberly Belshe, Director of the California Department of Health Services, and other officials of that Department (collectively Belshe) appeal from the district court’s injunction in favor of Charlotte Bucholtz, Ernest Gentile, and Janet Cottrell, who brought this action on their own behalves and on behalf of all others similarly situated, 1 (collectively Bucholtz). The district court determined that the State of California was not entitled to recover certain Medi-Cal payments from the successors of deceased MediCal recipients, when the successors received the property through revocable inter vivos trusts, or by passage without probate administration of property held in the form of tenancy in common or community property. The district court then enjoined Belshe from taking steps to recover from Bucholtz and further required steps directed toward the refund of money already recovered. We affirm in part, reverse in part, and remand.

BACKGROUND

Although it might make for somewhat less interesting reading, we will not set forth the facts involved in the individual cases before us. That is because all of the cases follow the same essential pattern, and nothing turns on…

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