Todd M. Swick v. Canoga Healthcare, Inc.

I. BACKGROUND

Plaintiff’s Complaint (Dkt. No. 13-1 or 16-1)1 alleges as follows. On March 23,

25 1 A defendant may remove a case by filing a notice of removal “together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.” 28 U.S.C. § 1446(a) (emphasis added). Here, Defendant did not file the 27 Complaint “together with” the notice of removal as required by § 1446(a). Instead, Defendant included the Complaint as an attachment to a standalone Request for Order 2020, James Swick was admitted to the West Hills Care Center (“West Hills”). On 2 April 9, 2020, Mr. Swick was taken to the hospital after contracting the coronavirus. 3 He passed away the same day. Plaintiff alleged that Mr. Swick’s death was due to the 4 inactions of Canoga and West Hills, specifically that due to the failure of West Hills to 5 properly implement infection control policies, Mr. Swick contracted the coronavirus 6 and died shortly thereafter. Based on these allegations, Plaintiff filed his Complaint in 7 the Superior Court of the State of California on December 8, 2020, asserting claims 8 for elder abuse, negligence, and wrongful…