Constantine

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SANDY CONSTANTINE, individually No. 2:21-cv-01987-MCE-JDP and as heir and Successor in interest to TIM CONSTANTINE, deceased, Plaintiff, MEMORANDUM AND ORDER v. TRESTLES LLC d/b/a CITY CREEK POST ACUTE; and DOES 1-50, 16 Defendants.

18 Through the present lawsuit, Plaintiff Sandy Constantine (“Plaintiff”) seeks damages as a result of the death of her husband, Tim Constantine, due to the COVID-19 virus while a patient at a skilled nursing facility, the City Creek Nursing Home (the “facility”), operated by Defendant Trestles LLC (“Defendant”) in Sacramento California. Plaintiff’s lawsuit, originally instituted in the Sacramento County Superior Court on or about October 6, 2021, asserted causes of action for 1) violation of California’s Elder and Dependent Adult Civil Protection Act, Cal. Welf. & Inst. Code § 15600, et seq.; 2) negligence; and 3) wrongful death. Defendant timely removed the action to this Court on October 26, 2021, on grounds that federal question…