Stevenson

ORDER ON MOTION TO DISMISS AND MOTION TO REMAND.

This matter comes before the Court on Defendant Aetna Health of California Inc.’s (“Aetna”) motion to dismiss [Doc No. 3] and Plaintiffs motion to remand [Doc. No. 6], The motions have been fully briefed, and the Court finds them suitable for submission without oral arguments. For the following reasons, Defendant’s motion is granted and Plaintiffs motion is denied.

I. Background

"On November 28, 2016, Plaintiff brought suit in the Superior Court of the State of California against Sharp Rees Stealy Medical Group (“Sharp”) and Aetna (collectively “Defendants”) for “unreasonable denial of benefits” in violation of Civil Code § 3428. [Doc No. 1 at 5-12 (“the complaint”).] His factual allegations, accepted as true, are as follows.

Plaintiff was a subscriber to Defendants’ health care plan. [Doe No. 1 at 10 ¶ 25. 1 ] In April 2015, Plaintiff was a victim of a preventable medical, error at the. hands, of a, Sharp .affiliated physician, Wilifred Eearse, MD., [Id. at 7 ¶ 11.] As a consequence of the error, Plaintiff developed Complex . Regional Pain Syndrome (“CRPS”) that “has manifested as intractable, 24/7, burning, searing,…