Ollison

Ollison v. Alameda Health Systems

Good Law
United States District Court, Northern District of CaliforniaDecember 8, 20203:20-cv-04944California3,500 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division JAMES OLLISON, Case No. 20-cv-04944-LB

Plaintiff,

ORDER GRANTING ALAMEDA

v. HEALTH’S MOTION TO DISMISS

ALAMEDA HEALTH SYSTEMS, et al., Re: ECF No. 24 Defendants. 16 INTRODUCTION Plaintiff James Ollison, who is representing himself and proceeding in forma pauperis, sued the defendants — Alameda Health Systems (d/b/a Highland Hospital) and Paramedics Plus — for their allegedly deficient medical care of his son (who died in February 2019), in violation of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd, and state law.1 Alameda Health moved to dismiss the claims under Federal Rule of Civil Procedure 12(b)(6) in part on the grounds that the plaintiff (1) did not plausibly plead an EMTALA claim because he was admitted for treatment and (2) did not timely file the lawsuit as to the state claims.2 The court…

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