# Jen D. Cubbage v. Michael Merchent, S.W. Meyer, Parker Community Hospital

> Court of Appeals for the Ninth Circuit · October 3, 1984 · 744 F.2d 665

URL: https://www.frixlaw.com/law-library/cases/9472661

## Case

- **Full name:** Jen D. CUBBAGE, Plaintiff-Appellant, v. Michael MERCHENT, S.W. Meyer, Parker Community Hospital, Defendants-Appellees
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** October 3, 1984
- **Citations:** 744 F.2d 665; 1984 U.S. App. LEXIS 18013
- **Precedential status:** Published
- **Opinion:** Dissent by Hug
- **Judges:** Kilkenny, Hug, Boocheyer
- **Cited by:** 95 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9472661

## How later opinions describe it (automated extraction)

- holding that although during a four (4) month period approximately twenty-six percent (26%) of an Arizona hospital's patients were from California and an Arizona doctor saw roughly one-hundred twenty (120) patients per week, of whom about twelve percent (12%) were California r…
- holding that California had jurisdiction over Arizona hospital and its doctors where they recruited business in California and participated in California's Medi-Cal program
- holding forum state did not have general jurisdiction over doctors although they had a significant number of patients in the forum, used the forum’s state medical insurance system, and were listed in a telephone directory that reached forum
- holding that plaintiffs malpractice claim arose out of defendant’s solicitation of patients from California

## Opinion text

HUG, Circuit Judge,
dissenting:
I respectfully dissent. The treatment of which appellant complains was rendered entirely in Arizona. For the reasons stated in Wright v. Yackley, 459 F.2d 287 (9th Cir.1972), I would affirm the dismissal by the district court.
There was an insufficient showing, in my view, that the forum-related activities justified the assertion of personal jurisdiction in California. The telephone listings in the local Parker, Arizona telephone directory and the obtaining of a Medi-Cal number for billing purposes do not constitute a sufficient interjection by appellees into the state of California to warrant personal jurisdiction for a claim arising out of the medical treatment in Arizona. See World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 , 100 S.Ct. 559 , 62 L.Ed.2d 490 (1980), or Data Disc, Inc. v. Systems Tech. Assoc., Inc., 557 F.2d 1280 (9th Cir.1977).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9472661. Public record. Not legal advice.