Qiana Winn v. California Post Acute LLC

I. Background

On October 26, 2020, Plaintiff filed a Complaint against Defendant in Los Angeles Superior Court alleging claims for (1) negligence, (2) willful misconduct, (3) violations of the Elder and Dependent Adult Civil Protection Act, and (4) wrongful death. (Dkt. No. 4, Request for Judicial Notice Ex. 1, Complaint.) In her Complaint, Plaintiff alleges that Michael Winn (the “Decedent”) was admitted to the California Post Acute center, a skilled nursing facility in 2010 following a stroke and leg amputation. (Id. 412.) Plaintiff alleges Decedent “suffered from being left in his own urine for long periods of time, which resulted in his testicles becoming raw and a wound opening up.” (Id. § 14.) “Decedent also suffered from exposure to bedbugs which resulted in bites.” (Id.) In addition to these injuries, Plaintiff alleges Decedent “started running a fever in early May 2020.” (Ud. 4 15.) ‘On or about May 9, 2020, Decedent was transferred to PIH Health Good Samaritan Hospital (“PIH Health”) for further treatment.” (Id. 16.) As alleged by Plaintiff, “[o]n admission to PIH Health, Decedent was tested for COVID-19, for which he tested positive.” (Id.) “On May…