Estate of Jennifer Joan Vyden v. Vista Del Sol LTC, Inc.

I. Background

A. Procedural Background On May 3, 2021, the Estate of Jennifer Joan Vyden by and through its Successor-in- Interest David Vyden and David Vyden as an individual (collectively, “Plaintiffs”) filed a Complaint in Los Angeles County Superior Court against Vista Del Sol LTC, Inc. (“Defendant”). See Docket No. 4-1. The Complaint contains five causes of action: (1) elder abuse and neglect (Cal. Welf. & Inst. Code §§ 15600 et seq.); (2) negligence/negligence per se; (3) violation of Residents ‘ Bill of Rights (Cal. Health & Safety Code § 1430(b)); (4) wrongful death; and (5) concealment. See id. On June 4, 2021, Defendant removed the case to federal court, claiming that federal courts have subject matter jurisdiction over the action because: (1) federal question jurisdiction exists due to complete preemption under the Public Readiness and Emergency Preparedness Act (“PREP Act”), (2) federal question jurisdiction exists because the case raised substantial federal issues, and/or (3) that removal is proper under 28 U.S.C. § 1442(a)(1), the federal officer removal statute. See Docket No. 1, ¶¶ 14-93. Plaintiff has now filed a motion to remand.…