Martinez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 KIM MARTINEZ, individually and as CASE NO. 1:21-CV-0739 AWI SAB Successor In Interest to Bonnie Van Tassel, 10 Plaintiffs ORDER ON PLAINTIFF’S MOTION TO REMAND AND DEFENDANT’S v. MOTION TO DISMISS 12 SPRUCE HOLDINGS, LLC d/b/a Redwood Springs Healthcare Center, and (Doc. No. 7, 9) DOES 1-50 inclusive, 14 Defendants 15 16 This removed case stems from the death of decedent Bonnie Van Tassel (“Van Tassel”) from Covid 19 while she was a resident at a nursing home run by Defendant Spruce Holdings, LLC (“Spruce”). Plaintiff Kim Martinez (“Martinez”) filed a complaint in the Tulare County Superior Court and alleged three state law claims for elder abuse, willful misconduct, and wrongful death. These theories are grounded in the allegation that Spruce failed to provide appropriate services and take any appropriate safety measures (including distribution and use of personal protective equipment and monitoring staff) in dealing with the Covid 19 pandemic, despite the…