Martello v. Superior Court CA2/1

Filed 4/11/14 Martello v. Superior Court CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

JEANNETTE MARTELLO et al., B252611

Petitioners, (L.A.S.C. No. GC047718)

v. OPINION AND ORDER THE SUPERIOR COURT OF GRANTING PEREMPTORY LOS ANGELES COUNTY, WRIT OF MANDATE

Respondent;

THE PEOPLE,

Real Party in Interest.

ORIGINAL PROCEEDING; petition for writ of mandate. David S. Milton, Judge. Petition granted. Gonzalez & Hulbert, Michael D. Gonzalez and Rebecca L. Smith for Petitioners. No appearance for Respondent. California Department of Managed Health Care, Office of Enforcement, Carol L. Ventura, Deputy Director/Chief Counsel, Debra L. Denton, Assistant Chief Counsel and Kristin S. Door, for Real Party in Interest.

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The trial court exceeded its jurisdiction in holding Jeannette Martello, M.D. (Martello) in contempt of the trial court’s September 26, 2013 order and sentencing her to serve five days in Los Angeles County Jail.1 Accordingly, the petition is granted. FACTUAL AND PROCEDURAL BACKGROUND On July 13, 2011, the People filed a complaint for civil penalties and injunctive relief based upon Martello’s billing emergency room patients directly contrary to the prohibition of such practices by Prospect Medical Group, Inc. v. Northridge Emergency Medical Group (2009) 45 Cal.4th 497. On June 14, 2012, Judge Joseph F. De Vanon, Jr. issued a preliminary injunction enjoining Martello from such practices. On June 11, 2013, the same judge, at the request of the People, issued an order to show cause why Martello should not be held in contempt for violating the trial court’s June 14, 2012 preliminary injunction. The hearing on the order to show cause was continued from time to time and finally set for November 15, 2013. On June 26, 2013, Judge David S. Milton presiding, a court trial for permanent injunction and civil penalties concluded. The court issued its ruling on September 26, 2013 and stated in open court the following, inter alia, was its order: “a. Injunction: . . . . The Defendant is permanently enjoined from continuing her unlawful billing practices and is ordered to dismiss all pending legal actions and appeals against any person who was treated by her in the emergency department of any California hospital on or after October 15, 2008, and who was enrolled in a plan licensed by the Department of Managed Health Care.”