Joanna S. McCallum

Profile

Experience

Jarman v HCR ManorCare 10 Cal.5^th 375 (2020) (first impression California Supreme Court decision in favor of long-term care provider client, holding that recovery in resident rights lawsuits is limited to a single recovery of up to $500 rather than recovery on a per-violation basis).

Natarajan v. Dignity Health, 42 Cal.App.5^th 383 (2019) (affirming denial of physician’s writ of mandate challenging client hospital’s termination of the physician’s medical staff membership and privileges; first impression ruling rejecting claim that a peer review hearing officer is biased based on his past and pending hearing officer work at other hospitals operated by the same client)

Cal. Physicians’ Service v Johnson, 2019 WL 1578359 (Cal. 2d Dist. Div. 1, 2019) (obtained affirmance of denial of anti-SLAPP motion)

Morris v. California Physicians’ Service, 918 F.3d 1011 (9th Cir. 2019) (obtained favorable first-impression appellate decision interpreting Affordable Care Act medical loss ratio reporting requirements for health insurers)

Potter v. Blue Shield of Cal. Life & Health Ins., 753 Fed. Appx. 480 (9^th Cir. 2019) (obtained affirmance of bench trial ruling for ERISA plan in ERISA benefits case)

Vo v. Pomona Valley Hosp. Med. Ctr., 2018 WL 4501548 (Cal. 2d Dist. Div. 5, 2018) (obtained partial affirmance of denial of writ of mandate in physician’s challenge to termination of hospital privileges)

Daniel F. v. Blue Shield of California, 726 Fed. Appx. 623 (9^th Cir. 2018) (obtained dismissal of appeal in ERISA class action as moot)

Alvarado Hospital, LLC v. Blue Shield of Cal. Life & Health Ins. Co., 2018 WL 1773403 (Cal. 4^th Dist. Div. 2, 2018) (obtained affirmance of summary judgment for health insurer in dispute with provider)

Leonardo G. v. Priscila N., 17 Cal.App.5^th 1208 (2017) (holding that Family Court has jurisdiction to renew a domestic violence restraining order issued by the Juvenile Court)

IV Solutions, Inc. v. Blue Cross Blue Shield of Arizona, 2017 WL 3381368 (affirming summary judgment in favor of health plan on provider’s claim based on actual or ostensible agency)

Rollins v. Dignity Health, 137 S. Ct. 1652 (2017) (unanimous Supreme Court decision upholding church plan exemption from ERISA for faith-based hospitals’ pension plan)

Colonial Medical Group v. Dignity Health, 2017 WL 2178831 (1^st Dist. 2017) (affirming dismissal of writ of mandate by medical group challenging hospital’s exclusive services contract to treat prison inmates of Central California prisons as an illegal kickback arrangement)

Dhillon v. John Muir Health, 2 Cal.5^th 1109 (2017) (won for amicus hospital system Supreme Court decision holding that hospitals may appeal writs of mandamus ordering hospitals to provide peer review hearings to physicians)

Shaw v. Superior Court, 2 Cal. 5^th 983 (2017) (won for amicus hospital system Supreme Court decision holding that physician and hospital employee whistleblower statute does not authorize jury trials)

Sanjiv Goel, M.D., Inc. v. Regal Medical Group, 11 Cal.App.5^th 1054, 2017 WL 2242981 (2017) (represented amicus in case affirming trial judgment, holding that a variety of evidence, including Medicare rates, may properly be considered in determining reasonable and customary value of emergency providers’ services)

Pacific Bay Recovery, Inc. v. California Physicians’ Service, 12 Cal. App. 5^th 200, 2017 WL 2200162 (2017) (obtained affirmance of dismissal of implied contract claim brought by non-contracted provider)

Mabin v. Kindred Healthcare Operating, Inc., 2016 WL 7260915 (Cal. Ct. App. 2016) (obtained affirmance of summary judgment in claim for employment discrimination and harassment)

Vishva Dev, M.D., Inc. v. Blue Shield of Cal. Life & Health Ins. Co., 2 Cal. App. 5^th 1218 (2016) (obtained affirmance of summary judgment based on statute of limitations, which was triggered by health insurer’s denial of claim)

Washington v. Los Angeles County Sheriff’s Department, 833 F.3d 1048 (9^th Cir. 2016) (obtained reversal of decision denying prisoner’s request to file civil rights suit in forma pauperis based on holding that a prior suit dismissed under Heck v. Humphrey may not qualify as a prior dismissal for failure to state a claim under the Prison Litigation Reform Act)

Lample v. California Physicians’ Service, 2016 WL 3182020 (Cal. App. 2016) (obtained affirmance of summary judgment in case alleging that health plan violated statutory cap on rates for HIPAA-guaranteed health coverage)

Cabral v. Supple, LLC, 608 Fed. Appx. 482 (9^th Cir. 2015) (vacating order certifying class alleging false advertising)

Lemaire v. Covenant Care California, LLC, 234 Cal. App. 4^th 860 (2015) (obtained reduction in judgment against nursing home from $270,000 to $500; court held that monetary award under Health & Safety Code section 1430(b) are limited to $500 per case, not per violation)

Ollier v. Sweetwater Union High School Dist., 768 F.3d 843 (9th Cir. 2014) (affirming judgment in Title IX class action)

Baxter v. Rodale, Inc., 555 Fed. Appx. 728 (9th Cir. 2014) (obtained affirmance of dismissal of claim under California’s Shine-the-Light disclosure laws)

Kight v. CashCall, Inc., 231 Cal. App. 4^th 112 (2014) (affirming order decertifying class action based on changed circumstances of case)

Salkin v. USAA Life Ins. Co., 544 Fed. Appx. 713 (9th Cir. 2013) (obtained affirmance of summary judgment in favor of insurer in case challenging right to rescind based on material misrepresentations)

Vitug v. Holder, 723 F.3d 1056 (9th Cir. 2013) (obtained reversal of decision of Board of Immigration Appeals to remove petitioner from United States for failure to establish persecution in his native country; Ninth Circuit ruled that Board had improperly found facts and ignored the factual findings of the Immigration Judge, and that persecution was clearly established such that order of removal should be withheld)

Mendoza v. Health Net, Inc. (Los Angeles County Superior Court July 9, 2013) (obtained dismissal of suit challenging the way that health plans and insurers determine whether requested services are "medically necessary")

El-Attar v Hollywood Presbyterian Medical Center, 56 Cal. 4th 976 (2013) (represented two amici hospital system clients in Supreme Court decision upholding the termination of the physician's medical staff membership and privileges; the Court adopted our amici clients' argument that minor violations of medical staff bylaws regarding selection of the peer review hearing panel and hearing officer were insufficient to overturn the hospital's decision to terminate the physician based on substantial evidence of the physician's substandard patient care)

Simmons v. California Physicians' Service, 2013 WL 794377 (March 5, 2013) (affirming summary judgment in favor of health plan where plaintiff sought coverage for treatments that were not medically necessary under the terms of his health plan)

Gillis v. Warner Bros. Home Entertainment, 2012 WL 5862834 (Nov. 20, 2012) (affirming summary judgment for employer on claim for termination in violation of Sarbanes-Oxley Act)

Van Slyke v. California Physicians' Service, 2012 WL 3337629 (Aug. 15, 2012) (holding health plan had no duty to inform member that plans with different or less expensive coverage were available)

IV Solutions, Inc. v. Blue Shield of California, 2011 WL 4453159 (Sept. 27, 2011) (affirming summary judgment for health plan where treatment was not medically necessary and no pre-authorization was obtained)

Pinkard v. Blue Shield of California, 2011 WL 3240823 (July 29, 2011) (affirming summary judgment for health plan on breach of contract claim)

USA v. State of Arizona, 2011 U.S. App. LEXIS 7413 (Apr. 11, 2011) (represented amicus curiae in briefing regarding impact of Arizona immigration law on women and children)

Harris v. CashCall, Inc., 2011 Cal. App. Unpub. LEXIS 2215 (March 24, 2011) (affirming judgment for defendant following court trial alleging violation of California’s pregnancy leave laws)

California Medical Association v. Blue Shield of California, Alameda Co. (Mar. 23, 2011) (obtained dismissal on anti-SLAPP motion of putative class action challenging “Blue Ribbon” rating system for doctors)

Levine v. Blue Shield of California, 189 Cal. App. 4^th 1117 (2010) (affirming dismissal on demurrer; holding that health plan has no common-law duty to inform a subscriber of various ways that coverage could be structured to obtain a lower rate)

Nieto v. Blue Shield of California Life & Health Insurance Co., 181 Cal. App. 4^th 60 (2010) (affirming summary judgment for insurer and making new law on issues of postclaims underwriting and an insurer’s right to rescind)

Ellison v. Sequoia Health Services, 183 Cal. App. 4^th 1486 (2010) (upholding hospital’s termination of a physician for dishonesty in reporting his professional training and qualifications)

Zubowicz v. Hospital Association of Southern California et al., 2010 Cal. App. Unpub. LEXIS 9045 (Nov. 16, 2010) (affirming grant of summary judgment for hospital on antitrust claims brought by putative class of nurses alleging that hospitals conspired to fix nurse overtime wages)

McVeigh v. General Mills Sales, Inc., 2010 Cal. App. Unpub. LEXIS 155 (Jan. 11, 2010) (affirming dismissal of unfair competition suit alleging that defendant’s snack boxes were illegal slot machines)

Association of California Life & Health Insurance Companies v. California Department of Insurance, Sacramento Co. (Dec. 30, 2010) (obtained peremptory writ of mandate invalidating regulations issued by the Department of Insurance)

Pourzia v. St Mary Medical Center, 2009 Cal. App. Unpub. LEXIS 5293 (June 29, 2009) (affirming judgment for hospital and dismissing physician’s petition for writ of mandate challenging summary suspension and termination of medical staff membership and privileges)

Boone v. S &F Management Co., 2009 Cal. App. Unpub. LEXIS 7688 (Sept. 24, 2009) (affirming dismissal of putative class action claims under the Unfair Competition Law and Consumer Legal Remedies Act based on alleged violation of nursing home laws)

Love v. Blue Cross Blue Shield Association, 2009 U.S. Dist. LEXIS 25247 (S.D. Fla. 2009) (obtained dismissal of RICO class action claims against insurer regarding physician reimbursement)

Watanabe v. California Physicians’ Service, 169 Cal. App. 4^th 56 (2008) (affirming jury verdict for health plan, and making new law concerning whether health plans may be liable for decisions made by delegated medical groups)

Davis v. Pacific Capital Bank, N.A., 550 F.3d 915 (9^th Cir. 2008) (affirming dismissal of putative class action under the Unfair Competition Law alleging that defendant failed to refund allegedly unearned interest charged in connection with income tax refund anticipation loans)

California Physicians’ Service v. Superior Court (White), 2008 Cal. App. Unpub. LEXIS 10254 (Dec. 17, 2008) (obtained peremptory writ of mandate directing trial court to vacate denial of summary judgment and to enter summary judgment in favor of third-party administrator of health plan, holding that administrator was not liable to health plan member for denial of benefits by self-insured plan)

Espinoza v. California Physicians’ Service, 2008 Cal. App. Unpub. LEXIS 7742 (Oct. 2, 2008) (affirming dismissal of subscriber’s claims against health plan for failure to allege violation of duty)

Leckler v. CashCall, Inc., 2008 U.S. Dist. LEXIS 97439 N.D. Cal. Nov. 21, 2008) (obtained dismissal for lack of subject matter jurisdiction of putative class action alleging violation of the Telecommunications Consumer Protection Act)

Solomon v. Blue Cross Blue Shield Association, 574 F. Supp. 2d 1288 (S.D. Fla. 2008) (obtained dismissal of RICO class action claims regarding health professional reimbursement)

Alvarado v. Selma Convalescent Hospital, 153 Cal. App. 4^th 1292 (2007) (affirming trial court’s decision to abstain from adjudicating unfair competition action challenging nursing homes’ alleged violation of statutory staffing requirements)

Blau v. Northridge Hospital Medical Center, 2007 Cal. App. Unpub. LEXIS 6809 (Aug. 22, 2007) (upholding hospital’s exclusion of disruptive physician)

Brockovich v. Kindred Healthcare, Inc., (C.D. Cal. Oct. 2006) (obtained dismissal on the pleadings of claims against hospitals and nursing homes seeking to recover sums allegedly due the federal government under the Medicare Secondary Payer Act)

Corapi v. Tenet Healthcare Corp., Shasta Co.(settled 2006) (represented hospital owner in qui tam suit under the Insurance Code alleging submission of false health insurance claims)

Pitluck v. Beverly Enterprises et al., 2005 Cal. App. Unpub. LEXIS 10376 (Nov. 10, 2005) (affirming dismissal of claims against skilled nursing facilities, holding that providers’ alleged purchase of insurance that covered claims for “reckless” conduct did not violate California’s statutory ban and public policy against insurance coverage for willful conduct)

Solomon v. U.S. Trust Company, 2004 Cal. App. Unpub. LEXIS 4073 (Apr. 26, 2004) (obtained reversal of summary judgment and reinstatement of investor’s claims for breach of fiduciary duty and negligence against securities broker/dealer)

Swanson v. St. Johns Regional Medical Center, 97 Cal. App. 4^th 245 (2002) (affirming dismissal on demurrer of unfair competition suit challenging hospital’s right to assert statutory liens)

Memberships

Appellate Lawyer Representative, U.S. Court of Appeals for the Ninth Circuit, 2017-2019

Member, State Bar of California

Admitted to practice in California, United States Courts of Appeals for the Fifth and Ninth Circuits, and United States District Courts for Central, Southern, Northern and Eastern Districts of California

Certified Specialist in Appellate Law, The State Bar of California Board of Legal Specialization

Publications

Co-Author, “When does a hearing officer in a physician peer review hearing have a disqualifying financial bias?” Daily Journal, December 4, 2019.

Co-Author, "Who is in Charge of Our Hospitals?," Los Angeles Daily Journal, August 27, 2013.

Co-Author, “The UCL and You: Recent Developments in California's Unfair Competition Law and Their Effect on Healthcare Providers and Payors,” California Health Law News 15, Summer 2007.

Co-Author, “Federal Courts Reject Erin Brockovich's Latest Pitch,” ABA Health eSource, April 2007.

Co-Author, “ERISA Doesn’t Pre-empt State Suits Seeking Reimbursement,” Los Angeles Daily Journal, April 19, 2004.

Co-Author, “Hospitals Litigate Their Right to Place and Collect Third-Party Liens in Personal Injury Cases--With Mixed Results,” California Health Law News, 2003.

“Hardship Excuses and Occupational Exemptions: the Impairment of the Fair Cross-Section of the Community,” Note, 69 S. Cal. L. Rev. 155 (1995).

Case summaries for Manatt health law and unfair competition newsletters.

08.17.20

California Supreme Court Limits Nursing Home Liability to $500 in ...

On August 17, 2020, the California Supreme Court ruled in favor of Manatt client HCR ManorCare, owner and operator of nursing homes across the ...
08.07.20

Manatt Files Amicus Brief on Behalf of Five California Health Systems ...

On August 7, 2020, a Manatt, Phelps & Phillips, LLP team that includes Barry Landsberg, Joanna McCallum and Doreen Shenfeld filed an ...
08.07.20

Manatt Files Amicus Brief on Behalf of California Health Plans in ACA ...

On August 7, 2020, a Manatt, Phelps & Phillips, LLP team that includes Michael Kolber, Joseph Laska and Joanna McCallum filed an amicus ...
07.01.20

Manatt Files Amicus Brief on Behalf of California Women’s Law Center ...

On June 30, 2020, a Manatt, Phelps & Phillips, LLP team, which includes partners Esra Hudson and Joanna McCallum as well as associates ...

12.04.19

When does a hearing officer in a physician peer review hearing have a ...

Healthcare litigation partner Barry Landsberg and appellate partner Joanna McCallum authored an article for Daily Journal on the importance of ...

08.27.13

Who Is in Charge of Our Hospitals?

Literally, no one wants to "go there." We just want to know that physicians and hospitals are providing quality care. For decades, ...

08.13.13

California Supreme Court Opens Up New Avenues for UCL

In an opinion issued recently, the California Supreme Court interpreted the Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq., ...

03.26.19

Manatt Wins First-Impression Decision on Medical Loss Ratio

On March 18, 2019, the Ninth Circuit affirmed the dismissal of a lawsuit brought against Manatt client Blue Shield of California.
08.06.13

CA Supreme Court Upholds Borrowed UCL Claim Under Federal Law

In an opinion issued late last week, the California Supreme Court interpreted the Unfair Competition Law, Cal. Bus. & Prof. Code ...
11.09.10

California Court of Appeal Holds That Insurers Owe No Duty to ...

In Levine v. Blue Shield of California, No. D056578, __ Cal. App. 4th __, 2010 Cal. App. LEXIS 1893 (Nov. 5, 2010), the Fourth District Court of ...

Joanna S. McCallum

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