Goncalves ex rel. Goncalves v. Rady Children's Hospital San Diego
Opinion
Lead Opinion
Curiel, J.
ORDER:
(1) GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO REMAND TO STATE COURT;
(2) GRANTING PLAINTIFF’S EX PARTE MOTION FOR LEAVE TO FILE SUBMISSION OF SUPPLEMENTAL AUTHORITY
I.INTRODUCTION
Before the Court is Plaintiff Lucas Gon-calves’s, a minor by and through his Guardian Ad Litem Tony Goncalves, (“Plaintiff’) Motion to Remand to State Court. (ECF No. 6.) Blue Cross and Blue Shield of Massachusetts (“BCBS-MA”), Anthem Blue Cross Blue Shield of New Hampshire (“BCBS-NH”), and Blue Cross of California (“BC-CA”) (collectively, the “Blues”) opposed. (ECF No. 15.) Plaintiff responded to the Blues’ opposition. (ECF No. 16.) A hearing was held on November 7, 2014. (ECF No. 22.)
The parties have fully briefed the motion. (ECF Nos. 6, 15, 16.) Upon review of the moving papers, admissible evidence, oral argument, and applicable law, the Court finds that the probate exception applies to this case and GRANTS Plaintiffs Motion to Remand to State Court.
II. PROCEDURAL HISTORY
On February 2, 2011, Plaintiff filed a complaint in San Diego Superior Court alleging medical malpractice against Rady Children’s Hospital San Diego (“RCHSD”) and Does 1 through 80 (the “State Court…