Subject Matter: FAA Preemption Under CA Law
This action addresses the validity of California statutes and regulations to restrict skilled nursing facilities’ ("SNFs’") arbitration of the Patient’s Bill of Rights, California Health and Safety Code, Â§Â§ 1599, et seq. Plaintiff SNFs and their nonprofit professional association seek summary judgment that the challenged statutes and regulations violate and are preempted by the Federal Arbitration Act ("FAA"), 9 U.S.C. Â§Â§ 1, et seq. Defendants California Department of Public Health and its director Ronald Chapman, M.D. (collectively the "Department") seek summary judgment on plaintiffs’ declaratory relief and injunctive relief claims for failure to invoke this Court’s subject matter jurisdiction and to allege a judiciable controversy given the absence of available FAA relief. This Court considered the parties’ respective cross-summary judgment motions on the record1 without a hearing, pursuant to Local Rule 230(g). For the reasons discussed below, this Court GRANTS plaintiffs summary judgment.
Firm/Company: US District Eastern District
Document Date: January 16 2014
Search Tags: 1430b FAA preemption