California Spine and Neurosurgery Institue v. CIGNA Health and Life Insurance Company

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CALIFORNIA SPINE AND Case No. 20-cv-08185-VC

NEUROSURGERY INSTITUE,

Plaintiff, ORDER GRANTING MOTION TO y REMAND

Re: Dkt. No. 18

CIGNA HEALTH AND LIFE

INSURANCE COMPANY, et al.,

Defendants.

There is no complete ERISA preemption. See Marin General Hospital v. Modesto & Empire Traction Co., 581 F.3d 941, 947-50 (9th Cir. 2009); The Meadows v. Employers Health Insurance, 47 F.3d 1006, 1008 (9th Cir. 1995); Blue Cross of California v. Anesthesia Care Associates Medical Group, Inc., 187 F.3d 1045, 1051 (9th Cir. 1999); see Aetna Health Inc. v. Davila, 542 U.S. 200, 210 (2004). In particular, there is no meaningful distinction between this case and Marin General. Accordingly, the case is remanded to the California Superior Court, San Mateo County.!

IT IS SO ORDERED.

Dated: March 30, 2021

VINCE CHHABRIA

United States District Judge ' The defendant’s motion for leave to file a late opposition is granted, and the Court considered the opposition in making its decision. rT