This case was last updated from San Francisco County Superior Courts on 04/09/2016 at 06:55:08 (UTC).

IN RE: MATERNAL AND CHILD HEALTH ACCESS

Case Summary

On 04/24/2008 IN RE MATERNAL AND CHILD HEALTH ACCESS was filed as an Other lawsuit. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8296

  • Filing Date:

    04/24/2008

  • Case Status:

    Not Classified By Court

  • Case Type:

    Other

  • Courthouse:

    Civic Center Courthouse

  • County, State:

    San Francisco, California

 

Party Details

Petitioner

MATERNAL AND CHILD HEALTH ACCESS

Defendants and Respondents

MANAGED RISK MEDICAL INSURANCE BOARD

ALLENBY, CLIFF IN HIS OFFICIAL CAPACITY AS CHAIR OF THE MANAGED RISK MEDICAL INSURANCE BOARD

DOES I-XX

Respondents

ALLENBY, CLIFF IN HIS OFFICIAL CAPACITY AS CHAIR OF THE MEDICAL RISK MANAGEMENT INSURANCE BOARD

MEDICAL RISK MANAGEMENT INSURANCE BOARD

MANAGED RISK MEDICAL INSURANCE BOARD

ALLENBY, CLIFF IN HIS OFFICIAL CAPACITY AS CHAIR OF THE MANAGED RISK MEDICAL INSURANCE BOARD

SHEWRY, SANDRA IN HER OFFICIAL CAPACITY AS DIRECTOR OF DEPARTMENT OF HEALTH CARE SERVICES

DEPARTMENT OF HEALTH CARE SERVICES

DOES I-XX

Attorney/Law Firm Details

Petitioner Attorney

QUACINELLA, LUCY

Attorney at MULTIFORUM ADVOCACY SOLUTIONS

275 Fifth St, Ste 416

San Francisco, CA 94103

Respondent Attorney

RILEY, BENJAMIN J.

Attorney at DEPUTY ATTORNEY GENERAL

455 Golden Gate Avenue, Suite 11000

San Francisco, CA 94102

 

Court Documents

ORDER

ORDER GRANTING MOTION FOR ISSUANCE OF PEREMPTORY WRIT OF MANDATE AND INJUNCTIVE RELIEF

TEXT JUDGMENT

THE COURT ORDERED THE FOLLOWING JUDGMENT ENTERED: SEE SCANNED DOCUMENT

ORDER

ORDER RE: STIPULATION FOR AWARD OF ATTORNEYS' FEES

 

Docket Entries

  • 05/22/2009
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  • ORDER RE: STIPULATION FOR AWARD OF ATTORNEYS' FEES

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  • 05/04/2009
  • STIPULATION FOR AWARD OF ATTORNEY'S FEES; PROPOSED ORDER FILED BY RESPONDENT MEDICAL RISK MANAGEMENT INSURANCE BOARD (Fee:EXEMPT)

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  • 03/13/2009
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  • THE COURT ORDERED THE FOLLOWING JUDGMENT ENTERED: SEE SCANNED DOCUMENT

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  • 02/20/2009
  • RETURN TO WRIT OF MANDATE FILED BY RESPONDENT DEPARTMENT OF HEALTH CARE SERVICES MANAGED RISK MEDICAL INSURANCE BOARD ALLENBY, CLIFF IN HIS OFFICIAL CAPACITY AS CHAIR OF THE MANAGED RISK MEDICAL INSURANCE BOARD

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  • 02/11/2009
  • WRIT OF MANDATE FILED BY PETITIONER MATERNAL AND CHILD HEALTH ACCESS (Fee:15.00)

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  • 01/30/2009
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  • ORDER GRANTING MOTION FOR ISSUANCE OF PEREMPTORY WRIT OF MANDATE AND INJUNCTIVE RELIEF

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  • 12/16/2008
  • MINI-MINUTES FOR DEC-16-2008 9:30 AM FOR DEPT 302

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  • 12/16/2008
  • LAW AND MOTION 302, PETITIONER MATERNAL AND CHILD HEALTH ACCESS MOTION FOR ISSUANCE OF PEREMPTORY WRIT OF MANDATE AND INJUNCTIVE RELIEF (CCP SECTION 1085). RULING: NO APPEARANCE ON THIS MATTER. THE COURT ADOPTED ITS TENTATIVE RULING - THE WRIT IS GRANTED. THE DECISION OF THE UNITED STATES SUPREME COURT IN MEMORIAL HOSPITAL V. MARICOPA COUNTY (1974) 415 U.S. 250, 262 MAKES CLEAR THAT A "DURATIONAL RESIDENCE REQUIREMENT FOR FREE MEDICAL CARE PENALIZES INDIGENTS FOR EXERCISING THEIR RIGHT TO MIGRATE TO AND SETTLE IN [CALIFORNIA]. ACCORDINGLY, THE CLASSIFICATION CREATED BY THE RESIDENCE REQUIREMENT, 'UNLESS SHOWN TO BE NECESSARY TO PROMOTE A COMPELLING STATE INTEREST, IS UNCONSTITUTIONAL.'" MEMORIAL HOSPITAL IS JUST ONE DECISION IN A LONG LINE OF SUPREME COURT DECISIONS STRIKING DOWN SUCH REQUIREMENTS. THE STATE HAS NOT OFFERED A REASON CONSISTENT WITH THE MANDATES OF THE CONSTITUTION TO JUSTIFY THE RESIDENT REQUIREMENT. ACCORDINGLY, THE WRIT IS GRANTED AND INSURANCE CODE SECTION 12698(A) IS DECLARED UNCONSTITUTIONAL. (PREVAILING PARTY TO PREPARE ORDER.) (302/PJM) JUDGE: PATRICK J. MAHONEY, REPORTER: MARIA TORREANO, CSR 8600

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  • 11/25/2008
  • MINI-MINUTES FOR NOV-25-2008 9:30 AM FOR DEPT 302

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  • 11/25/2008
  • LAW AND MOTION 302, PETITIONER MATERNAL AND CHILD HEALTH ACCESS MOTION FOR ISSUANCE OF PEREMPTORY WRIT OF MANDATE AND INJUNCTIVE RELIEF. RULING: NO APPEARANCE ON THIS MATTER. THE COURT MODIFIED ITS TENTATIVE RULING AND CONTINUED THE MATTER TO DECEMBER 16, 2008 PER AGREEMENT OF PARTIES. (302/PJM) JUDGE: PATRICK J. MAHONEY, REPORTER: MARIA TORREANO, CSR 8600

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  • 11/18/2008
  • COPIES OF NON-CALIFORNIA AUTHORITIES IN SUPPORT OF REPLY MEMORANDUM FILED BY PETITIONER MATERNAL AND CHILD HEALTH ACCESS

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  • 11/18/2008
  • DECLARATION OF LYNN KERSEY, M.A., M.P.H. IN SUPPORT OF MOTION FOR ISSUANCE OF PEREMPTORY WRIT OF MANDATE AND INJUNCTIVE RELIEF FILED BY PETITIONER MATERNAL AND CHILD HEALTH ACCESS

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  • 11/18/2008
  • REPLY MEMO OF P&A IN SUPPORT OF MOTION FOR ISSUANCE OF PEREMPTORY WRIT OF MANDATATE AND INJUNCTION RELIEF FILED BY PETITIONER MATERNAL AND CHILD HEALTH ACCESS

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  • 11/04/2008
  • OPPOSITION TO MOTION FOR ISSUANCE OF PERREMPTORY WRIT OF MANDATE AND INJUNCTIVE RELIEF;DECLARATION OF SETH BRUNNER FILED BY RESPONDENT ALLENBY, CLIFF IN HIS OFFICIAL CAPACITY AS CHAIR OF THE MEDICAL RISK MANAGEMENT INSURANCE BOARD MANAGED RISK MEDICAL INSURANCE BOARD

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  • 10/22/2008
  • COPIES OF NON CALIFORNIA AUTHORITIES IN SUPPORT OF MOTION FOR ISSUANCE OF PEREMPTORY WRIT OF MANDATE AND INJUNCTIVE RELIEF FILED BY PETITIONER MATERNAL AND CHILD HEALTH ACCESS

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  • 10/22/2008
  • NOTICE OF MOTION AND MOTION FOR ISSUANCE OF PEREMTORY WRIT OF MANDATE AND INJUNCTIVE RELIEF; REQUEST FOR JUDICIAL NOTICE, PROOF OF SERVICE, POINTS AND AUTHORITIES, DECLARATION FILED BY PETITIONER MATERNAL AND CHILD HEALTH ACCESS HEARING SET FOR NOV-25-2008 AT 09:30 AM IN DEPT 302 (Fee:40.00)

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  • 06/12/2008
  • ANSWER TO FIRST AMENDED PETITION FOR WRIT OF MANDATE FILED BY RESPONDENT ALLENBY, CLIFF IN HIS OFFICIAL CAPACITY AS CHAIR OF THE MEDICAL RISK MANAGEMENT INSURANCE BOARD MANAGED RISK MEDICAL INSURANCE BOARD

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  • 05/27/2008
  • FIRST AMENDED PETITION FOR WRIT OF MANDATE AND INJUNCTIVE RELIEF FILED BY PETITIONER MATERNAL AND CHILD HEALTH ACCESS AS TO DEFENDANT DOES I-XX MANAGED RISK MEDICAL INSURANCE BOARD ALLENBY, CLIFF IN HIS OFFICIAL CAPACITY AS CHAIR OF THE MANAGED RISK MEDICAL INSURANCE BOARD

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  • 04/24/2008
  • PETITION FILED BY PETITIONER MATERNAL AND CHILD HEALTH ACCESS AS TO RESPONDENT DEPARTMENT OF HEALTH CARE SERVICES MEDICAL RISK MANAGEMENT INSURANCE BOARD SHEWRY, SANDRA IN HER OFFICIAL CAPACITY AS DIRECTOR OF DEPARTMENT OF HEALTH CARE SERVICES ALLENBY, CLIFF IN HIS OFFICIAL CAPACITY AS CHAIR OF THE MEDICAL RISK MANAGEMENT INSURANCE BOARD DOES I-XX (Fee:335.00)

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