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N.D. Cal.Procedural orderFiled Aug. 9, 2022

Turner v. Windsor Healthcare Center of Oakland

Judge
Haywood Gilliam
Docket
4:22-cv-02466
Court
U.S. District Court · Northern District of California
Pages
2
Civil Procedure
In one sentence

In Turner v. Windsor Oakridge Healthcare Center, Judge Gilliam granted plaintiffs’ motion to remand and sent the case back to Alameda Superior Court.

Who this affects

The four named plaintiffs and the defendants are affected because the case was returned from federal court to Alameda Superior Court, and the federal case was closed.

What happened

In Turner v. Windsor Oakridge Healthcare Center, Valarie Turner, Syble Thomas, Betty Smith, and Bobbie Frost asked the court to send the case back to Alameda Superior Court.

The defendants appeared to agree that Ninth Circuit precedent required remand. The court also relied on its reasoning in a similar case and rejected the defendants’ request to pause the case while a related Supreme Court petition might be filed.

Judge Haywood S. Gilliam, Jr. granted the motion to remand, sent the case to Alameda Superior Court, and directed the clerk to close the federal case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Turner v. Windsor Healthcare Center of Oakland · No. 4:22-cv-02466
Judge
Haywood Gilliam
Date
Aug. 9, 2022

Background

Valarie Turner, Syble Thomas, Betty Smith, and Bobbie Frost moved to remand the case, meaning they asked the federal court to return it to Alameda Superior Court. The opinion does not describe the underlying claims.

Court’s reasoning

The defendants appeared to concede that controlling Ninth Circuit authority, Saldana v. Glenhaven Healthcare LLC, required remand. The court also adopted the reasoning of its prior decision in Martinez v. Novato Healthcare Ctr., LLC, which involved similar circumstances. The court rejected the defendants’ request to stay, or pause, the case based on the possibility that the parties in Saldana might seek review by the United States Supreme Court.

Ruling

The court granted the motion to remand and remanded the case to Alameda Superior Court. The clerk was directed to close the federal case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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