Doreen Acra v. California Magnolia Convalescent Hospital, Inc.

I. Background

A. Procedural Background On March 24, 2021, Plaintiffs Doreen Acra and Pamela Archuleta, individually and as heirs and successors-in-interest to Billy Acra, filed a state court complaint against Defendants California Magnolia Convalescent Hospital, Inc., doing business as Magnolia Rehabilitation & Nursing Center (“Magnolia”) and Vibra Hospital of San Bernardino, LLC, doing business as Ballard Rehabilitation Hospital (“Ballard”). See Complaint, Docket No. 1-2. The Complaint alleges three causes of action: (1) violations of the California Elder Abuse and Dependent Adult Civil Protection Act (Cal. Welf. & Inst. Code §§ 15600 et seq.); (2) negligence; and (3) wrongful death. See id. On May 21, 2021, Defendant Magnolia removed the case to federal court, arguing the following: (1) that federal question jurisdiction existed due to complete preemption under the Public Readiness and Emergency Preparedness Act (“PREP Act”); (2) that federal question jurisdiction existed because the case raised substantial federal issues; and (3) that removal also was proper under 28 U.S.C. § 1442(a)(1), the federal officer removal statute. See Notice of Removal, Docket No. 1 at 3, 17,…