Anderson

Anderson v. Dooley

Good Law
United States District Court, Northern District of CaliforniaJanuary 15, 20204:15-cv-05120California4,457 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRUCE ANDERSON, et al., Case No. 15-cv-05120-HSG

Plaintiffs, ORDER DENYING DEFENDANT’S

MOTION TO DISMISS FIRST

v. AMENDED COMPLAINT

MARK GHALY, Re: Dkt. No. 37 Defendant.

12 The Court previously held that Plaintiffs have no right of action enforceable through § 1983 under the relevant Federal Nursing Home Reform Act (“FNHRA”) subsections and dismissed the complaint with prejudice. Dkt. No. 23. On July 18, 2019, the Ninth Circuit reversed the Court’s decision and found that the relevant FNHRA provisions do create a statutory right enforceable under § 1983. Anderson v. Ghaly, 930 F.3d 1066, 1070 (9th Cir. 2019). However, the Ninth Circuit also held that the “present complaint does not allege a plausible violation of the FNHRA appeals provision” and remanded the case for further proceedings. Id. at 1080. In light of the Ninth Circuit’s opinion in Anderson, Plaintiffs filed an amended…

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