No. 21-1308

J. Martin Robertson v. Larkspur Courts, et al.

Lower Court: California
Docketed: 2022-03-31
Status: Denied
Type: Paid
Response Waived
Tags: due-process equal-protection fourteenth-amendment medicaid medicare medicare-reporting privacy settlement-disclosure social-security social-security-privacy
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Privacy
Latest Conference: 2022-05-19
Question Presented (AI Summary)

Whether Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 requires settlement or judgment debtors to report the Social Security number or date of birth of a settlement or judgment creditor

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 as amended by Section 204 of the Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers Act of 2012, 42 U.S.C. § 1395y(b)(8), or guidance that the Centers for Medicare & Medicaid Services has issued to implement the statute since January 3, 2017 has required settlement or judgment debtors or their insurers to report the Social Security number or date of birth of a settlement or judgment creditor to CMS before or after they pay him a money settlement or judgment? 2. Whether a settlement or judgment . creditor’s rights to liberty and privacy under the Fourteenth Amendment to the U.S. Constitution protect his Social Security number and date of birth from disclosure to settlement and judgment debtors before or after they pay him a money settlement or judgment? . 3. Whether, in denying a judgment creditor’s requests that it take judicial notice of the CMS guidance on which judgment debtors’ insurers relied ’ to claim they needed his Social Security number and ~* date of birth to report payment of a money settlement and judgment to CMS, subsequent CMS guidance and a Social Security Administration report on the history of the Social Security number, the California Court of Appeal denied him due process and equal protection of the law which the Fourteenth Amendment to the U.S. Constitution guarantees him? PARTIES | The petitioner in this Court is J. Martin Robertson. He, who is admitted to practice law in California, other states and the District of Columbia but who is not admitted to practice in this Court, is representing himself in this matter. The parties named as respondents in the court whose decision is sought to be reviewed, the California Court of Appeal for the First Appellate District, include (1) Larkspur Courts; (2) Larkspur Courts Apartments; (3) Teachers Insurance and | Annuity Association of America; (4) Riverstone Residential Group, LLC; (5) Riverstone Residential CA, Inc.; (6) Riverstone Residential SF, Inc.; (7) Riverstone Residential Group, Inc.; and (8) Greystar Real Estate Partners, LLC. Robertson’s real opponents in this Court are (1) Teachers Insurance and Annuity Association of America; (2) Riverstone Residential Group, LLC nka Greystar RS Group, LLC; (8) Riverstone Residential CA, Inc. nka Greystar RS CA, Inc.; and (4) Greystar — Real Estate Partners, LLC, all of which are private organizations. PROCEEDINGS RELATED TO CASE : This case arises from the following . proceedings: Robertson v. Larkspur Courts, et al., No. CIV 1504551, Marin County (California) Superior Court. Order after judgment entered Aug. 25, 2020. | | ‘Robertson v. Larkspur Courts, et al., No. A160942, California Court of Appeal, First Appellate District. Opinion entered Oct. 5, 2021; order entered Oct. 21, 2021; orders entered Jan. 20, 2021 and May 28, 2021. : Robertson v. Larkspur Courts, et al., No. $271724, California Supreme Court. Order entered Dec. 29, 2021. The following proceedings are also directly related to this case: : Robertson v. Larkspur Courts, et al., No. CIV 1504551, Marin County Superior Court. Order entered May 4, 2017; judgment entered May 4, 2017; orders after judgment entered Jul. 13, 2017, Feb. 23, 2018, Apr. 18, 2018 and Feb. 13, 2020. : Robertson v. Larkspur Courts, et al., No. A152226, California Court of Appeal, First Appellate District. Opinion entered May 22, 2018; order entered Jun. 8, 2018. Robertson v. Larkspur Courts, et al., No. $249645, California Supreme Court. Order entered Aug. 8, 2018. : Robertson v. Larkspur Courts, et al., No. A154206, California Court of Appeal, First Appellate District. Opinion entered Jun. 19, 2019; order entered Jul. 11, 2019. Robertson v. Larkspur Courts, et al., No. $257127, California Supreme Court. Order entered Sep. 18, 2019. | | . | iv :

Docket Entries

2022-05-23
Petition DENIED.
2022-05-03
DISTRIBUTED for Conference of 5/19/2022.
2022-04-15
Waiver of right of respondent Larkspur Courts, et al. to respond filed.
2022-03-28
Petition for a writ of certiorari filed. (Response due May 2, 2022)

Attorneys

J. Martin Robertson
J. Martin Robertson — Petitioner
Larkspur Courts, et al.
Steven R. DisharoonWood Smith Henning & Berman, Respondent