Martinez v. Novato Healthcare Center, LLC

Background

Angelina Martinez originally filed the case in Marin County Superior Court in October 2021. Her complaint alleged violations of California’s Elder and Dependent Adult Civil Protection Act, negligence, and wrongful death. It alleged that her mother, Rosamaria Garcia, died in September 2020 after contracting the coronavirus while she was a resident at the defendants’ nursing facility. The complaint also alleged neglect and wanton disregard for Garcia’s nutritional needs. The complaint did not plead any federal claims on its face.

The defendants removed the case to federal court in December 2021. They asserted three bases for federal jurisdiction: federal-officer jurisdiction under 28 U.S.C. § 1442(a)(1); complete preemption by the Public Readiness and Emergency Preparedness Act, 42 U.S.C. §§ 247d-6d and 247d-6e; and federal-question jurisdiction based on a federal issue embedded in the state-law claims. Martinez moved to remand, meaning she asked the federal court to return the case to state court.

Court’s Analysis

The court held that the Ninth Circuit’s decision in Saldana v. Glenhaven Healthcare LLC was controlling and dispositive. In Saldana, the Ninth Circuit held that materially similar allegations did not support federal-officer removal because operating as a private nursing facility subject to government regulations and pandemic-related federal guidance did not mean the facility was acting under a federal officer or agency.

Saldana also held that the Public Readiness and Emergency Preparedness Act did not completely preempt materially similar state-law claims. In addition, it held that state-law claims for elder abuse, willful misconduct, custodial negligence, and wrongful death did not present an embedded federal question authorizing removal.

Because Saldana addressed the same removal theories and materially similar claims, the court concluded that the defendants could not meet their burden of showing that removal was proper. The court also relied on the strong presumption against removal jurisdiction and the rule requiring remand when the federal court lacks subject-matter jurisdiction.

Disposition

Judge Haywood S. Gilliam, Jr. granted the motion to remand and remanded the case to Marin County Superior Court. The Clerk was directed to close the federal case. The opinion does not decide the underlying elder-protection, negligence, or wrongful-death claims.