Case: Valdivia v. California Department of Health Services

2:90-cv-01226 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 1, 1990

Closed Date: March 16, 1999

Clearinghouse coding complete

Case Summary

On Oct. 1, 1990, two residents of California nursing homes filed this class action in the U.S. District Court for the Eastern District of California under the Medicaid Act against the California Department of Health Services. The plaintiffs asked the court for declaratory and injunctive relief, claiming that the state had failed to comply with the recently enacted federal nursing home reform law, 42 U.S.C. §§ 1395i-3(a)-(h) and 1396r(a)-(h). The plaintiffs also requested a preliminary injunctio…

Specifically, the new law required all nursing homes to care for their residents "so as to promote maintenance or enhancement of each resident's quality of life." To this end, each facility was required to formulate a written plan of care for each resident, describing the medical, nursing, and pyschosocial needs of the resident, among other requirements. Under the law, each state is responsible for certifying the compliance of facilities with these requirements. The state claimed that its own statutory and regulatory scheme already complied with the reform law.

On Jan. 11, 1991, the court (Judge Garcia) granted the plaintiffs' motion for preliminary injunction and ordered the state to comply with the new federal requirements. On Feb. 25, 1991, he ordered that the injunction would remain in effect until final resolution on the merits of the case. The court also certified a class consisting of "all persons in California who are or will be residents in Medicare or Medicaid certified nursing facilities."

On Aug. 11, 1992, the Court granted the plaintiffs' motion for summary judgment in part and entered a permanent injunction against the state in the following areas: comprehensive resident assessments (the state has to ensure that the nursing home provide individualized care plans per the reform law); residents' rights (the state has to ensure that the nursing homes promote residents' rights in admissions policies); survey and certification requirements; and transfer and discharge appeals.

The court granted summary judgment to the plaintiffs on the question of the defendants' failure to timely comply with the nurse aid training and competency program, but granted summary judgment to the defendants on the question of their current compliance with the law. The court ruled similarly on the question of the nurse aid registry required by the reform law.

At the same time, the parties agreed to resolve all further issues through a settlement agreement. The agreement provided that the state would comply with all aspects of the reform law. The state also agreed to implement an enforcement program "including mechanisms and strategies to effectively apply appropriate remedies when federal requirements of participation are not met." The state also committed to new, comprehensive educational programs for facility staff, residents, and residents' representatives regarding resident assessments and car plans.

On April 13, 1993, the Court held that the stipulation was fair to the members of the class and approved the settlement. On March 16, 1999, the District Court (Judge Garcia granted the defendants' motion to dismiss the complaint in intervention for lack of subject matter jurisdiction and denied the intervenor's motion to enforce the settlement agreement. The court then directed the clerk of Court to close this file.

Summary Authors

Andrew Junker (12/9/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9551372/parties/valdivia-v-hsdca/

Judge(s)

Attorney for Plaintiff

Alexander, George (California)

Calame, Donna Schmitt (California)

Dudovitz, Neal S (District of Columbia)

Attorney for Defendant

Attorney, U S (California)

DAG, DAG (California)

Expert/Monitor/Master/Other

Judge(s)

Garcia, Edward J. (California)

Nowinski, Peter A. (California)

Attorney for Plaintiff

Alexander, George (California)

Calame, Donna Schmitt (California)

Dudovitz, Neal S (District of Columbia)

Edelman, Toby (District of Columbia)

Finberg, Jeanne (California)

Girard, Lenore E (California)

Lammers, Kathleen A (California)

Miller, Kenneth P (California)

Mitchell, Eugenie (California)

Nemore, Patricia (District of Columbia)

Pearl, Richard M (California)

Shapiro, Robin Marc (California)

Weathered, Tom (California)

Attorney for Defendant

Attorney, U S (California)

DAG, DAG (California)

Hewing, Margaret S (District of Columbia)

Mansfield, Daryl Francis (California)

Simpson, W. Scott (District of Columbia)

Yanger, Thomas Robert (California)

Other

Gerst, Robert J (California)

Reagan, Mark E. (California)

Waxman, J. Mark (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:90-cv-01226	Docket [PACER]	April 16, 2001	April 16, 2001 Docket
91 2:90-cv-01226	Preliminary Injunction Order	Jan. 11, 1991	Jan. 11, 1991 Order/Opinion 1991 WL 22812
142 2:90-cv-01226	Memorandum of Decision	Feb. 25, 1991	Feb. 25, 1991 Order/Opinion 1991 WL 80896
323 2:90-cv-01226	Opinion	July 24, 1992	July 24, 1992 Order/Opinion 1992 WL 226316
333 2:90-cv-01226	Order After Hearing and Order of Permanent Injunction	Aug. 11, 1992	Aug. 11, 1992 Order/Opinion 1992 WL 554299
440 2:90-cv-01226	Order after Hearing	March 16, 1999	March 16, 1999 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/9551372/valdivia-v-hsdca/

Last updated June 13, 2026, 7:18 a.m.

ECF Number	Date	Description	Link
1	Oct. 1, 1990	CLASS ACTION COMPLAINT FOR MANDAMUS AND DECLARATORY AND INJUNCTIVE RELIEF to Magistrate Esther Mix Summons issued; fee status paid; Receipt # 120651; Notice re: Consent forms. (old) (Entered: 10/03/1990)	RECAP
2	Oct. 1, 1990	ORDER setting scheduling conference for 9:30 1/18/91 before Judge Edward J. Garcia (old) (Entered: 10/03/1990)	RECAP
3	Oct. 1, 1990	NOTICE OF MOTION AND MOTION by plaintiff to certify class action before Judge Edward J. Garcia (old) (Entered: 10/03/1990)	RECAP
4	Oct. 1, 1990	MEMORANDUM by plaintiff in support of motion to certify class action before Judge Edward J. Garcia [3-1] (old) (Entered: 10/03/1990)	RECAP
5	Oct. 1, 1990	NOTICE OF MOTION AND MOTION by plaintiff Richard Valdiva, plaintiff Eldora Kaski for preliminary injunction before Judge Edward J. Garcia (date & time not specified) (old) (Entered: 10/03/1990)	RECAP
6	Oct. 1, 1990	MEMORANDUM by plaintiff Richard Valdiva, plaintiff Eldora Kaski in support of motion for preliminary injunction before Judge Edward J. Garcia (date & time not specified) [5-1] (old) (Entered: 10/03/1990)	RECAP
7	Oct. 1, 1990	DECLARATION re motion for preliminary injunction before Judge Edward J. Garcia (date & time not specified) [5-1] (old) (Entered: 10/03/1990)	RECAP
8	Oct. 1, 1990	DECLARATION of Roanne D Olonoff in support motion for preliminary injunction before Judge Edward J. Garcia (date & time not specified) [5-1] (old) (Entered: 10/03/1990)	RECAP
9	Oct. 1, 1990	DECLARATION of Benson Nadell in support of motion for preliminary injunction before Judge Edward J. Garcia (date & time not specified) [5-1] (old) (Entered: 10/03/1990)	RECAP
10	Oct. 9, 1990	AMENDED NOTICE OF MOTION by plaintiff Richard Valdiva & Eldora Kaski for preliminary injunction before Judge EJG and to certify class action (old) (Entered: 10/12/1990)	RECAP
11	Oct. 15, 1990	ERRATA by plaintiff to [6-1] (old) (Entered: 10/18/1990)	RECAP
	Oct. 16, 1990	LODGED - proposed stipulation for order and order continuing hearing on pltf motions for preliminary injunction and class certification (old)
13	Oct. 22, 1990	PROOF OF SERVICE by plaintiff Richard Valdiva, plaintiff Eldora Kaski of motion for preliminary injunction before Judge EJG and [10-1], motion [10-2], amend [10-1] (old) (Entered: 10/26/1990)	RECAP
14	Oct. 23, 1990	STIPULATION and ORDER by Judge Edward J. Garcia : the motions for preliminary injunction and class certification are continued to 11/30/90, all papers filed on behalf of state defts due 11/9/90, state defts answer to complaint due 11/29/90 (see order for more details) (Returned to attorney Pierson for servcie) (old) (Entered: 10/26/1990)	RECAP
12	Oct. 24, 1990	LETTER to court from plaintiff counsel Edelman to confrim that the hearing on pltf motion for preliminary injunction and for class certification is set for 11/30/90 @ 9:00 (old) (Entered: 10/26/1990)	RECAP
15	Oct. 29, 1990	RETURN OF SERVICE executed upon US Attonrey for defendant HHS on 10/1/90 (old) (Entered: 11/02/1990)	RECAP
16	Oct. 29, 1990	RETURN OF SERVICE executed upon US Attorney for defendant Gail Wilensky on 10/1/90 (old) (Entered: 11/02/1990)	RECAP
17	Oct. 29, 1990	RETURN OF SERVICE executed upon defendant Kenneth W Kizer on 10/1/90 (old) (Entered: 11/02/1990)	RECAP
18	Oct. 29, 1990	RETURN OF SERVICE executed upon defendant HSDCA on 10/1/90 (old) (Entered: 11/02/1990)	RECAP
19	Oct. 30, 1990	NOTICE OF MOTION AND MOTION by Health Facilitiest to intervene before Judge Edward J. Garcia (old) (Entered: 11/02/1990)	RECAP
20	Oct. 30, 1990	PROOF OF SERVICE by defendant of stipulation [14-1] (old) (Entered: 11/06/1990)	RECAP
	Oct. 31, 1990	LODGED - pro hac vice application (order) for Toby Edelman (old)
	Oct. 31, 1990	LODGED - pro hac vice application ( & order) for Patricia Nemore (old)
21	Nov. 7, 1990	PROOF OF SERVICE by plaintiff of lodged proposed pro hac vice orders (old) (Entered: 11/09/1990)	RECAP
22	Nov. 9, 1990	NOTICE by defendant of non-opposition to class certification (old) (Entered: 11/13/1990)	RECAP
23	Nov. 9, 1990	MEMORANDUM by defendant in opposition to motion for preliminary injunction before Judge EJG and [10-1] (old) (Entered: 11/13/1990)	RECAP
24	Nov. 13, 1990	NOTICE OF RELATED MOTION AND MOTION by defendant HHS to dismiss before Judge Edward J. Garcia, or in the alternative for summary judgment before Judge Edward J. Garcia on 11/30/90 @ 9:00 (old) (Entered: 11/13/1990)	RECAP
25	Nov. 15, 1990	MOTION by plaintiff to compel attendance at depositon (not dates or further information provided) (old) (Entered: 11/16/1990)	RECAP
26	Nov. 15, 1990	STIPULATION by pltfs re discovery disputes (old) (Entered: 11/16/1990)	RECAP
27	Nov. 15, 1990	DECLARATION, by intervenor CA Association of Health, of James F Geary in support of ex parte application to attend depositions (old) (Entered: 11/16/1990)	RECAP
28	Nov. 15, 1990	MINUTES granting motion to compel attendance at depositon 25, Virgil Peney deposition on 11/19/90, 1 day and Joyce Fuku's deposition on 11/16/90, 1 day; denying motion by Health Facilities (treated as motion for protective order) to intervene 19 (old) (Entered: 11/16/1990)	RECAP
	Nov. 15, 1990	LODGED - pltf apllication and proposed order shortening time re motion to compel attendance at deposition (old) Modified on 11/16/1990
29	Nov. 16, 1990	RESPONSE by federal defendant response to motion to intervene (old) (Entered: 11/16/1990)	RECAP
30	Nov. 16, 1990	MEMORANDUM by plaintiff in opposition to motion by Health Facilitiest to intervene before Judge Edward J. Garcia [19-1] (old) (Entered: 11/16/1990)	RECAP
31	Nov. 16, 1990	EX PARTE APPLICATION by intervenor for TRO; MEMORANDUM OF POINTS AND AUTHORITIES in support of TRO and preliminary injunction (old) (Entered: 11/16/1990)	RECAP
32	Nov. 16, 1990	DECLARATION of Tami S Smason in support of application 31 (old) (Entered: 11/16/1990)	RECAP
33	Nov. 16, 1990	DECLARATION of Fred B Frank in support of application 31 (old) (Entered: 11/16/1990)	RECAP
34	Nov. 16, 1990	DECLARATION of Mark E Reagan in support of application 31 (old) (Entered: 11/16/1990)	RECAP
35	Nov. 16, 1990	DECLARATION of Lori Costa in support of application [31-1] (old) (Entered: 11/16/1990)	RECAP
36	Nov. 16, 1990	PROOF OF SERVICE by plaintiff of pro hav vice order (old) (Entered: 11/19/1990)	RECAP
37	Nov. 16, 1990	JOINDER by defts HSDCA and Kenneth W Kizer to pltf memorandum in opposition [30-1] to motion to intervene (old) (Entered: 11/20/1990)	RECAP
	Nov. 16, 1990	LODGED - (intervenor) proposed TRO and order to show cause re preliminary injunction (old)
38	Nov. 19, 1990	NOTICE by plaintiff of change of address of attorney George Alexander, Toby Edelman, Patricia Nemore, Leonard Gerard & Tom Weathered (old) (Entered: 11/21/1990)	RECAP
39	Nov. 19, 1990	DECLARATION of Ronald Kurtz in support of intervenor CA Association of Health Facilieties ex parte application [31-1] for TRO (old) (Entered: 11/21/1990)	RECAP
40	Nov. 20, 1990	ANSWER by HSDCA, Kenneth W Kizer (old) (Entered: 11/26/1990)	RECAP
41	Nov. 21, 1990	ORDER by Judge Edward J. Garcia vacating hearing re motion to dismiss or in the alternative for summary judgment before EJG on 11/30/90 @ 9:00 24 (no hearing date presently set), resetting hearing on motion by Health Facilitiest to intervene 19 & motion for preliminary injunction before Judge EJG 10 to 10:30 12/6/90 any opposition or response to application for TRO due 11/29/90 (cc: all counsel) (old) (Entered: 11/26/1990)	RECAP
42	Nov. 21, 1990	REPLY by plaintiff in support of their motion for preliminary injunction [10-1] (old) (Entered: 11/26/1990)	RECAP
43	Nov. 21, 1990	DECLARATION of Neal S Dudovitz in support of motion for preliminary injunction before Judge EJG and [10-1] (old) (Entered: 11/26/1990)	RECAP
44	Nov. 21, 1990	DECLARATION by pltfs in support of their motion for preliminary injunction before Judge EJG and [10-1] (old) (Entered: 11/26/1990)	RECAP
45	Nov. 21, 1990	EXHIBITS by plaintiff in support of their motion for preliminary injunction (old) (Entered: 11/26/1990)	RECAP
46	Nov. 21, 1990	REPLY by porposed intervenor CA Associated Health Facilities to pltf opposition 30 to motion to intervene (old) (Entered: 11/26/1990)	RECAP
47	Nov. 21, 1990	DECLARATION of Jay N Hartz in support of CA Association of Health Facilities motion to intervene & ex parte application for temporary restraining order before Judge Edward J. Garcia [19-1] (old) (Entered: 11/26/1990)	RECAP
48	Nov. 27, 1990	ORDER by Magistrate Esther Mix granting lodged [0-1] granting motion to compel attendance at depositon (not dates or further information provided) [25-1] (cc: all counsel) (old) (Entered: 11/28/1990)	RECAP
	Nov. 27, 1990	LODGED Application for order shortening time and proposed order. (old)
49	Nov. 28, 1990	REQUEST by defts HSDCA & Kenneth W Kizer for continuance of hearing on motion for preliminary injunction (old) (Entered: 11/30/1990)	RECAP
50	Nov. 28, 1990	DECLARATION of John R Pierson in support of request [49-1] for continuance (old) (Entered: 11/30/1990)	RECAP
51	Nov. 29, 1990	MEMORANDUM by plaintiff in opposition to request [49-1] for continuance of pltf motion for preliminary injunction (old) (Entered: 11/30/1990)	RECAP
52	Nov. 29, 1990	MEMORANDUM by defendant HHS in opposition to application [31-1] for TRO (old) (Entered: 11/30/1990)	RECAP
53	Nov. 29, 1990	MEMORANDUM by potential Intervenor California Association of Health Facilities in support of application [31-1] for TRO and motion by Health Facilitiest to intervene before Judge Edward J. Garcia [19-1] (old) (Entered: 11/30/1990)	RECAP
54	Nov. 29, 1990	MEMORANDUM by State defendants in opposition to application [31-1] for TRO (old) (Entered: 11/30/1990)	RECAP
55	Nov. 29, 1990	PROOF OF SERVICE by State defendants of declaration [50-1] (old) (Entered: 11/30/1990)	RECAP
56	Nov. 29, 1990	REPLY by plaintiff to proposed intervenor's ex parte application for TRO [31-1] (old) (Entered: 12/04/1990)	RECAP
58	Nov. 30, 1990	NOTICE by state defendant of adoption of federal defts factual representations and legal arguments contained in federal defts motion to dimiss and in response to pltf motions for preliminary injunction (old) (Entered: 12/04/1990)	RECAP
57	Dec. 3, 1990	REPLY by proposed intervenor to opposition to application for TRO [31-1] (old) (Entered: 12/04/1990)	RECAP
59	Dec. 3, 1990	AMENDED PROOF OF SERVICE by defendant of notice [58-1] (old) (Entered: 12/04/1990)	RECAP
60	Dec. 4, 1990	ORDER by Magistrate Esther Mix for appearance of Virgil J Toney Jr for a full day of deposition on 11/19/90 & of Joyce Fukui for a full day of deposition reset for 11/16/90, reasonable hour of commencement and place of deposition to be set by pltf (cc: all counsel) (old) (Entered: 12/06/1990)	RECAP
61	Dec. 5, 1990	MEMORANDUM by HSDCA, Kenneth W Kizer in opposition to motion for preliminary injunction before Judge EJG and [10-1] (old) (Entered: 12/07/1990)	RECAP
62	Dec. 6, 1990	MINUTES denying application [31-1], granting motion by Health Facilitiest to intervene before Judge Edward J. Garcia [19-1], that the motion for preliminary injunction before Judge EJG and [10-1] is submitted, granting motion [10-2] ; state defts may file additional brief by 12/28/90, complaint in intervention ordered filed, re dismissal motions: oppoisition due 12/28/90, replies due 1/11/91 and hearing set 1/25/91; (old) (Entered: 12/11/1990)	RECAP
63	Dec. 6, 1990	INTERVENOR'S COMPLAINT by California Association of Health Facilities (old) (Entered: 12/13/1990)	RECAP
	Dec. 13, 1990	LODGED - pltf proposed order certifying the class (old)
	Dec. 13, 1990	LODGED - pltf proposed order granting preliminary injunction (old)
64	Dec. 17, 1990	PROOF OF SERVICE by plaintiff of class action order (old) (Entered: 12/17/1990)	RECAP
65	Dec. 17, 1990	DECLARATION of Catherine Hawes (old) (Entered: 12/17/1990)	RECAP
	Dec. 17, 1990	LODGED - intervenors proposed order granting motion to intervene (old)
	Dec. 17, 1990	LODGED - Federal parties proposed order denying intervenors application for TRO (old)
66	Dec. 18, 1990	NOTICE by intervenor CA Assoc of Health of change of address of attorney. (old) (Entered: 12/19/1990)	RECAP
67	Dec. 19, 1990	AMENDED COMPLAINT IN INTERVENTION [63-1] (old) (Entered: 12/19/1990)	RECAP
68	Dec. 26, 1990	MOTION by defendant HHS to stay discovery set for 1/17/91 @ 10:00 (old) Modified on 12/27/1990 (Entered: 12/27/1990)	RECAP
69	Dec. 26, 1990	MEMORANDUM by defendant HHS in support of motion to stay discovery set for 1/17/91 @ 10:00 [68-1] (old) (Entered: 12/27/1990)	RECAP
70	Dec. 26, 1990	MOTION by defendant HHS to dismiss California Association of Health Facilities' amended complaint in intervention set for 1/17/91 @ 10:00 (old) (Entered: 12/27/1990)	RECAP
71	Dec. 26, 1990	MEMORANDUM by defendant HHS in support of motion to dismiss California Association of Health Facilities' amended complaint in intervention set for 1/17/91 @ 10:00 [70-1] (old) (Entered: 12/27/1990)	RECAP
72	Dec. 28, 1990	MEMORANDUM by defendant HSDCA in opposition to motion for preliminary injunction before Judge EJG and [10-1] (old) (Entered: 12/28/1990)	RECAP
73	Dec. 28, 1990	MEMORANDUM by plaintiff Richard Valdivia, plaintiff Eldora Kaski in opposition to motion to dismiss California Association of Health Facilities' amended complaint in intervention set for 1/17/91 @ 10:00 [70-1] (old) (Entered: 01/02/1991)	RECAP
74	Jan. 2, 1991	STIPULATION extending time for State defendants' to respond to complaint in intervention. (old) (Entered: 01/02/1991)	RECAP
	Jan. 2, 1991	LODGED: Stipulation and order for continuance of status conference. (old)
75	Jan. 4, 1991	ORDER by Judge Edward J. Garcia: Granting California Association of Health Facilities to intervene. (cc: all counsel) (old) (Entered: 01/08/1991)	RECAP
76	Jan. 8, 1991	ORDER by Judge Edward J. Garcia: Certifying Class. (cc: all counsel) (old) (Entered: 01/08/1991)	RECAP
77	Jan. 8, 1991	ORDER by Judge Edward J. Garcia ; In-court hearing on motion to dismiss set for 1/25/91 @ 9:00 That California Association of Health Facilities application for a temporary restraining order is denied. (cc: all counsel) (old) (Entered: 01/08/1991)	RECAP
78	Jan. 8, 1991	REQUEST (MOTION) by plaintiff Richard Valdivia, plaintiff Eldora Kaski for permission to file supplemental memorandum in support of plaintiff's motion for preliminary injunction. (old) (Entered: 01/08/1991)	RECAP
79	Jan. 8, 1991	MEMORANDUM by plaintiff Richard Valdivia, plaintiff Eldora Kaski in support of motion for preliminary injunction. (old) (Entered: 01/08/1991)	RECAP
80	Jan. 8, 1991	ORDER by Judge Edward J. Garcia ; Scheduling conf continued to 1/25/91 @ 9:30 (cc: all counsel) (old) (Entered: 01/08/1991)	RECAP
81	Jan. 8, 1991	OBJECTIONS by intervenor CA Assoc of Health to plaintiff's proposed order granting preliminary injunction. (old) (Entered: 01/08/1991)	RECAP
90	Jan. 8, 1991	NOTICE by intervenor CA Assoc of Health of change of address (kh) (Entered: 01/11/1991)	RECAP
82	Jan. 9, 1991	MOTION by intervenor CA Assoc of Health for protective order set for 1/17/91 @ 10:00 (old) (Entered: 01/09/1991)	RECAP
83	Jan. 10, 1991	LODGED: Order permitting plaintiffs to file supplemental memorandum in support of their motion for preliminary injunction. (old) (Entered: 01/10/1991)	RECAP
84	Jan. 10, 1991	NOTICE by plaintiff Richard Valdivia of publication in Federal Register, 1/2/91, concerning California's non-compliance with nursing home reform law. (old) (Entered: 01/10/1991)	RECAP
85	Jan. 10, 1991	REPLY by defendant HSDCA re motion to dismiss and or for summary judgment.[24-1], re [24-2] (old) (Entered: 01/10/1991)	RECAP
86	Jan. 10, 1991	MOTION by defendant HHS for protective order staying discovery set for 1/14/91 @ 1:00 (old) (Entered: 01/10/1991)	RECAP
87	Jan. 10, 1991	MOTION by defendant HHS for protective order staying discovery set for 1/14/91 @ 1:00 memo of points and authority in support. (old) (Entered: 01/10/1991)	RECAP
88	Jan. 10, 1991	PROOF OF SERVICE by defendant HHS of motion for protective order staying discovery set for 1/14/91 @ 1:00 [87-1], motion for protective order staying discovery set for 1/14/91 @ 1:00 [86-1] (old) (Entered: 01/10/1991)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Nursing Home Conditions

Key Dates

Filing Date: Oct. 1, 1990

Closing Date: March 16, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of California nursing homes

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

California

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Non-government for-profit

Non-government non-profit

Case Details

Causes of Action:

Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Other Dockets:

Eastern District of California 2:90-cv-01226

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Goals (e.g., for hiring, admissions)

Implement complaint/dispute resolution process

Monitor/Master

Preliminary relief granted

Issues

General/Misc.:

Housing

Individualized planning

Reassessment and care planning

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Benefits (Source):

Medicaid

Medicare

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Restraints (chemical)

Medical/Mental Health Care:

Medical care, general

Medical care, unspecified

Recommended Citation

Case Summary of Valdivia v. California Department of Health Services, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/12099/ (last updated 12/9/2014).