Scott Canty v. Providence Health System-Southern California
Opinion
Trial Court Opinion
Introduction Cheryl Canty and Scott Canty (collectively, “Plaintiffs”) filed this action in the Los Angeles Superior Court on March 15, 2019. See Dkt. 1-1, Ex. 2 (the “Complaint”). The Complaint named Providence Little Company of Mary Medical Center (“Providence”) and several Does as defendants. /d. Plaintiffs subsequently amended the Complaint by replacing two Doe defendants -- one with the American Red Cross (the “Red Cross”) and the other with the Central California Blood Center (the “CCBC’). See Dkt. 1-1, Exs. 3, 12 & 13. Plaintiffs allege that Scott Canty (“Canty”) became HIV positive as a result of blood transfusions he received from Defendants. See Dkt. 1-1 [| 13. The Complaint asserts causes of action for (1) negligence and (2) loss of consortium. See id. {J 1-21. Proofs of Service on the Red Cross and the CCBC were filed in the Superior Court on March 16, 2020. Dkt. 1-1, Exs. 10, 12, 13. On April 9, 2020, the Red Cross filed a Notice of Removal (the “Notice”) pursuant to 28 U.S.C. §§ 1441 and 1446, and 36 U.S.C. § 300105. Dkt. 1. Plaintiffs then filed a Motion to Remand. Dkt. 12 (the “Motion”). In support of the Motion, Plaintiffs argued that the Notice was deficient…