Estate of Joseph Benjamin Serrano v. San Antonio Post Acute LLC

I. BACKGROUND

On April 20, 2021, Plaintiffs Estate of Joseph Benjamin Serrano and others filed their Complaint in the Superior Court of the State of California for the County of San Bernardino against Defendants San Antonio Post Acute LLC and others. (““Complaint,” Dkt. No. 1-1.) The Complaint alleges seven state law causes of action stemming from the death of Joseph Benjamin Serrano from COVID-19 in Removing Defendant’s care. (Complaint.) On July 14, 2021, Removing Defendant removed the action to federal court. (Removal Notice.) Il. LEGALSTANDARD Pursuant to 28 U.S.C. § 1441(a), a defendant may remove a matter to federal court where the district court would have original jurisdiction. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). Federal courts have limited jurisdiction, “possessing only that power authorized by Constitution and statute.” Gunn v. Minton, 568 U.S. 251, 256 (2013). As such, a defendant may remove civil actions in which a federal question exists or in which complete diversity of citizenship between the parties exists and the amount in controversy exceeds $75,000. See

U.S.C. §§ 1331, 1332.

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