Erica Levitt and Alexandra Martino’s 4th Demurrer sustained without leave to amend foreclosing non-MICRA claim against healthcare provider

Erica Levitt and Alexandra (Ali) Martino secured a dismissal for their healthcare provider client without leave to amend by way of a 4^th Demurrer. The plaintiffs alleged civil rights violations under Section 1983. To be liable for federal civil rights violations under Section 1983, a private party must act “under color of state law.” Erica and Ali successfully argued that their client was not a state actor for purposes of the 1983 claim, and as such could not be held liable for civil rights violations under Section 1983.