Kime
Kime v. Adventist Health Clearlake Hospital, Inc.
Opinion
Lead Opinion
Rogers, J.
Order Granting Motion to Dismiss and Denying Motion for Sanctions
Re: Dkt. Nos. 55,
Plaintiff Ryan Kime, M.D., brings this action under the Emergency Medical Treatment and Active Labor Act (“EMTA-LA”) to address claims which arise from alleged longstanding and systemic violations of EMTALA by defendant Adventist Health Clearlake Hospital (the “Hospital”). Plaintiffs complaint centers on his allegation that the Hospital summarily suspended him in August 2015 after his repeated complaints about the Hospital’s EMTALA violations. Plaintiff also alleges violations of section 1278.5 of the California Health and Safety Code, and of his right to fair procedure under both California law and the Hospital’s Medical Staff Bylaws. Defendants move to dismiss the amended complaint for failure to state a claim and for sanctions under section 1927. (Dkt. No. 55.) Defendants also bring an anti-SLAPP motion to strike the state law claims. (Dkt. No. 57.)
Having carefully considered the pleadings and arguments of the parties, and for the reasons set forth below, the Court hereby Grants the motion to dismiss and Denies the motion for sanctions. 1 In light of the Comb’s decision, it declines to…