Richard Heim v. 1495 Cameron Avenue, LLC

I. Background

On June 4, 2021, Plaintiffs filed a Complaint against Defendant in Los Angeles Superior Court alleging claims for (1) elder abuse and neglect, (2) negligence, (3) violation of patient rights, and (4) wrongful death. In their Complaint, Plaintiffs allege that Richard Heims (the “Decedent”) was a resident of a skilled nursing home operated by Defendants. Decedent tested positive for COVID-19 on May 11, 2020, and was transported to a hospital on May 13, 2020, where he was diagnosed with respiratory failure and congestive heart failure. Decedent died on May 15, 2020. On August 2, 2021, Defendants filed their Notice of Removal. In the Notice of Removal, Defendants argue that this Court has jurisdiction over this case on the grounds that: (1) Plaintiffs’ claims are preempted by the Public Readiness and Emergency Preparedness Act (“PREP Act”), (2) the action raises a substantial and important federal issue, and (3) removal is proper under the federal officer statute.

I. Legal Standard

Federal courts are courts of limited jurisdiction, having subject matter jurisdiction only over matters authorized by the Constitution and Congress. See, e.g., Kokkonen v,…