Redwood Empire Life Support v. County of Sonoma

This case requires us again to consider the scope of state action immunity from the federal antitrust laws conferred by California’s Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (“EMS Act”). Cal. Health & Safety Code §§ 1797-1799.200 .See A-1 Ambulance Serv., Inc. v. County of Monterey, 90 F.3d 333 (9th Cir.1996); Mercy-Peninsula Ambulance, Inc. v. County of San Mateo, 791 F.2d 755 (9th Cir.1986). Appellee Redwood Empire Life Support (“Redwood”) brought this antitrust action against Sonoma County and 911 Emergency Services, Inc., d/b/a Sono-ma Life Support. Redwood challenged the County’s exclusive contract with Sonoma *951 Life Support to provide ambulance services, including non-emergency transports, in central Sonoma County.

The district court issued a permanent injunction against Sonoma County because it concluded that the EMS Act did not contemplate exclusive contracts for non-emergency ambulance services at a basic life support (“BLS”) level of service. With the guidance of an intervening decision of the California courts interpreting the statute, Schaefer’s Ambulance Service v. County of San Bernardino, 68 Cal.App.4th 581 , 80…