Martinez

Martinez v. Novato Healthcare Center, LLC

Good Law
United States District Court, Northern District of CaliforniaJuly 28, 20224:21-cv-09547California753 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANGELINA MARTINEZ, Case No. 21-cv-09547-HSG

Plaintiff, ORDER GRANTING MOTION TO

REMAND

v. Re: Dkt. No. 12 NOVATO HEALTHCARE CENTER, LLC, et al., 11 Defendants. 12 Plaintiff originally filed this case in Marin County Superior Court in October 2021. Dkt. No. 1 at 23. The complaint alleges violations of California’s Elder and Dependent Adult Civil Protection Act, as well as negligence and wrongful death claims. The complaint alleges that Plaintiff’s mother, Rosamaria Garcia, died in September 2020 after contracting the coronavirus while a resident at Defendants’ nursing facility. The complaint alleges that Defendants also neglected Ms. Garcia and showed wanton disregard for her nutritional needs while at the facility. On its face, the complaint pleads no federal claims. Defendants removed the case to this Court in December 2021 on three grounds: (1) federal officer jurisdiction under 28 U.S.C. § 1442(a)(1); (2) complete preemption of Plaintiff’s…

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