Michael Silas v. Dignity Health

I. BACKGROUND

Plaintiff commenced this action against Defendants in Los Angeles County Superior Court on September 18, 2020. (Notice of Removal (“NoR”), Ex. B (“Complaint”) (Docket No. 1)). It is undisputed that, for diversity purposes, Plaintiff is a citizen of California, Defendant Acumed is a citizen of Delaware and Illinois, Defendant Roger Fontes is a citizen of Nevada, and Defendant Dignity Health is a citizen of California. (See id. at ¶¶ 9-13; id., Ex. B, Complaint ¶¶ 1, 2). Defendant Acumed removed the action to federal court on October 20, 2020, seeking to establish diversity jurisdiction by alleging that Dignity Health was fraudulently joined in the action. (Id.). The Complaint alleges, in pertinent part, as follows: In July 2019, Plaintiff was a patient at St. Rose Dominican Hospital-Siena Campus, owned by Defendant Dignity Health, to receive treatment for a medical issue with Plaintiff’s elbow. (Complaint ¶ 16). Plaintiff was treated by Defendant Dr. Fontes along with Dignity Health staff members under the direction of Dignity Health and Dr. Fontes. (Id.). In an effort to lower Dignity Health and Dr. Fontes’s costs and expenses, Dignity Health and Dr.…