Westbrook

Westbrook v. San Pablo Healthcare & Wellness Center

Good Law
United States District Court, Northern District of CaliforniaJune 9, 20223:21-cv-06474California882 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LYNETTA WESTBROOK, Case No. 21-cv-06474-JD

Plaintiff,

ORDER RE REMAND

v.

SAN PABLO HEALTHCARE &

WELLNESS CENTER,

11 Defendant.

12 Plaintiff Lynetta Westbrook, as heir and successor-in-interest to decedent Alex Pollard, has sued defendant San Pablo Healthcare & Wellness Center, LLC (San Pablo), a residential skilled nursing facility. Westbrook alleges California state law claims of elder abuse, negligence, and wrongful death, arising out of the death of Pollard from COVID-19 while receiving care at San Pablo. Dkt. No. 1, Ex. A (Compl.). The complaint was originally filed in the Superior Court of California for the County of Contra Costa, but San Pablo removed the case under 28 U.S.C. §§ 1441, 1442, and 1446. Dkt. No. 1. Plaintiff has asked to remand the case. Dkt. No. 16. The parties’ familiarity with the record is assumed, and the case is remanded to the Superior Court. DISCUSSION A remand is required because a recent…

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