NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Similar documents
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 12/06/2018, ID: , DktEntry: 45-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 07/31/2018, ID: , DktEntry: 60-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 05/03/2017, ID: , DktEntry: 39-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 03/23/2016, ID: , DktEntry: 55-1, Page 1 of 6 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 06/11/2015, ID: , DktEntry: 36-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: /21/2012 ID: DktEntry: 30-1 Page: 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: /16/2014 ID: DktEntry: 37-1 Page: 1 of 4 (1 of 9) NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. On September 11, 2017, nearly two months after the court heard oral

Case: , 05/19/2016, ID: , DktEntry: 33-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 06/21/2017, ID: , DktEntry: 21-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case 2:09-cv CAS-MAN Document 107 Filed 05/07/10 Page 1 of 9 Page ID #:1464 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 12/29/2014, ID: , DktEntry: 20-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Before: GRABER and HURWITZ, Circuit Judges, and MARBLEY, * District Judge.

Case 2:13-cv KJM-AC Document 56 Filed 04/08/16 Page 1 of 6 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 01/02/2018, ID: , DktEntry: 43-1, Page 1 of 7 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 08/14/2017, ID: , DktEntry: 46-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

MICHAEL FREEMAN, Plaintiff-Appellant, v. THE TIME, INC., MAGAZINE COMPANY, et al., Defendants-Appellees. Nos ,

Case: , 02/19/2016, ID: , DktEntry: 54-1, Page 1 of 4 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 03/23/2017, ID: , DktEntry: 38-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 09/30/2016, ID: , DktEntry: 51-1, Page 1 of 8 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 07/03/2017, ID: , DktEntry: 12-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 12/08/2016, ID: , DktEntry: 80-1, Page 1 of 8 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 04/25/2018, ID: , DktEntry: 61-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 04/24/2017, ID: , DktEntry: 23-1, Page 1 of 2 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 03/16/2017, ID: , DktEntry: 46-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 10/18/2016, ID: , DktEntry: 57-1, Page 1 of 4 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case: , 06/15/2018, ID: , DktEntry: 42-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case 5:10-cv DMG-JCG Document 28 Filed 08/15/14 Page 1 of 8 Page ID #:118 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No.

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case 2:10-cv TFM-CRE Document 99 Filed 05/31/13 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 12/15/2015, ID: , DktEntry: 51-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D. C. Docket No CV-OC-10-GRJ. versus

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case: , 08/16/2017, ID: , DktEntry: 28-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Christine Gillespie v. Clifford Janey

Follow this and additional works at:

Keith Jennings v. R. Martinez

Case: , 08/27/2018, ID: , DktEntry: 126-1, Page 1 of 4 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Plaintiffs - Appellants MEMORANDUM *

United States Court of Appeals for the Federal Circuit

Case: 1:07-cv Document #: 62 Filed: 04/08/11 Page 1 of 10 PageID #:381

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS ORDER DENYING CERTIFICATE OF APPEALABILITY *

UNITED STATES COURT OF APPEALS

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Plaintiffs-Appellants, MEMORANDUM *

United States Court of Appeals For the Eighth Circuit

Case: Document: 6 Filed: 11/03/2016 Pages: 6 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No ) ) ) ) ) ) ) ) ) )

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Guthrie Clinic LTD v. Travelers Indemnity

Case: , 04/17/2019, ID: , DktEntry: 37-1, Page 1 of 7 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 12/19/2017, ID: , DktEntry: 69-1, Page 1 of 8 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Plaintiff - Appellee, 3:11-cv SC

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 0:11-cv WPD.

Longmont United Hosp v. St. Barnabas Corp

United States Court of Appeals For the Eighth Circuit

Antonello Boldrini v. Martin Wilson

US District Court for the Western District of WA. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 3:17-cv EDL Document 53 Filed 11/17/17 Page 1 of 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case: 1:10-cv Document #: 47 Filed: 03/07/11 Page 1 of 11 PageID #:580

Case 0:14-cv WPD Document 28 Entered on FLSD Docket 09/05/2014 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case: , 01/08/2018, ID: , DktEntry: 55-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Transcription:

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED APR 30 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS PEOPLE OF THE STATE OF CALIFORNIA ex rel. TIG Insurance Company et al., Plaintiffs-Appellants, No. 16-56639 D.C. No. 8:16-cv-01555-CJC-JCG MEMORANDUM * v. BRAD CULPEPPER, DOES, 1-100, inclusive, Defendants-Appellees. Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding Argued and Submitted April 10, 2018 Pasadena, California Before: BEA, MURGUIA Circuit Judges; KEELEY, ** District Judge Brad Culpepper, Defendant-Appellee, is a former professional football player for the Chicago Bears. Plaintiff-Appellant TIG Insurance Company * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Irene Keeley, Senior United States District Judge for the Northern District of West Virginia, sitting by designation.

(Relator) is successor by merger to Fairmont Premier Insurance Company (Fairmont), the former workers compensation provider for the Chicago Bears. In November 2010, Culpepper filed a claim for workers compensation benefits before the California Workers Compensation Appeals Board (WCAB) in connection with injuries he allegedly suffered playing professional football. In 2000, Culpepper played six games in California while a member of the Chicago Bears, making him eligible for California workers compensation benefits. Culpepper demanded $180,000 in workers compensation. Fairmont settled with Culpepper for $175,000, which settlement was approved by the WCAB in the form of an Order Approving Compromise and Release (OACR). Relator alleges that not long after the settlement it learned that Culpepper s insurance claim was fraudulent. According to Relator s Complaint, shortly after the settlement Culpepper became a contestant on the reality television show Survivor, a show which can be physically demanding on its contestants. Relator further alleges that during the pendency of Culpepper s workers compensation claim, Culpepper engaged in activities such as running and kickboxing that were inconsistent with his claimed disability. Relator alleges Culpepper misled the medical examiners hired as part of the claim process to evaluate his condition. On December 21, 2015 Relator filed the instant action in California state court under California s Insurance Fraud Prevention Act (IFPA) 1871.7(e)(1). 2

Culpepper removed to federal court on the basis of diversity, 1 and moved to dismiss under Fed. R. Civ. P. 12(b)(1). Culpepper argued that California Labor Code (CLC) 5901 divests the court of jurisdiction to hear this case. CLC 5901 divests courts of jurisdiction to consider causes of action arising out of any final order, decision or award of the WCAB until after the WCAB has had an opportunity to reconsider its prior ruling. 2 The district court granted Culpepper s motion and dismissed the suit because it concluded that the instant qui tam suit arises out of the OACR, which is a final order per 5901, and because Relator had not asked the WCAB to reconsider the OACR prior to filing this suit. We review the district court s grant of a motion to dismiss under Fed. R. Civ. P. 1 Culpepper is a citizen of Florida. Plaintiffs are citizens of California and New Hampshire. The amount in controversy is greater than $75,000. See 28 U.S.C. 1332. 2 The statute states as follows: 5901. Prerequisites to court action No cause of action arising out of any final order, decision or award made and filed by the appeals board or a workers compensation judge shall accrue in any court to any person until and unless the appeals board on its own motion sets aside the final order, decision, or award and removes the proceeding to itself or if the person files a petition for reconsideration, and the reconsideration is granted or denied. Nothing herein contained shall prevent the enforcement of any final order, decision, or award, in the manner provided in this division. 3

12(b)(1) de novo. Pakootas v. Teck Cominco Metals, Ltd., 646 F.3d 1214, 1218 (9th Cir. 2011). We reverse. IFPA 1871.7(b) authorizes a relator to bring a qui tam claim on behalf of the State of California when the relator discovers violations of, inter alia, CPC 550. 3 CPC 550 in turn prohibits knowingly present[ing] or caus[ing] to be presented any false or fraudulent claim for insurance. Relator alleges Culpepper violated CPC 550 when he presented a fraudulent claim for insurance. Relator s claim therefore arises from Culpepper s allegedly fraudulent presentation of his claim for insurance benefits, not from the settlement of that claim or from the WCAB s approval of that settlement. Even if no settlement had ever been reached, a suit under CPC 550 may still be available so long as the relator has discovered the presentation of a fraudulent claim. This suit therefore does not arise from the OACR, and the trial court has subject matter jurisdiction to hear it. We will not construe the term arising out of beyond its plain meaning as Culpepper suggests. See Martinez v. Combs 49 Cal. 4th 35, 51 (Cal. 2010). The WCAB also does not have exclusive jurisdiction over this appeal because this is an action on 3 In relevant part, IFPA 1871.7(b) subjects to liability [e]very person who violates any provision of this section or Section 549, 550, or 550 of the [California] Penal Code... In turn, IFPA 1871.7(e) contains the qui tam provision, which states that [a]ny interested persons, including an insurer, may bring a civil action for a violation of this section for the person and for the State of California. The action shall be brought in the name of the state. 4

behalf of the State of California, not an action for benefits against an employer. People ex rel. Alzayat v. Hebb, 18 Cal. App. 5th 801, 830 (Cal. Ct. App. 2017). REVERSED. 5