Estate of James R. Jenkins et al v. Beverly Hills Senior Care Facility, Inc. et al
| Troy Jenkins and Estate of James R. Jenkins |
| Garfield Terrace, LLC, Beverly Hills Terrace, LLC, Beverly Hills Senior Care Facility, Inc. and DOES 1 through 10, inclusive |
| 2:2021cv04902 |
| June 16, 2021 |
| US District Court for the Central District of California |
| Karen L Stevenson |
| John F Walter |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on August 26, 2021. A more recent docket listing may be available from PACER.
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Filing 41
Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. 21STCV17153, acknowledged on 8/17/2021. (iv)
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Filing 40
ORDER FOR AUTOMATIC 30 DAY STAY OF ENFORCEMENT OF COURT'S AUGUST 12, 2021 ORDER TO REMAND #39 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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Filing 39
REQUEST to Stay Case pending Automatic 30 Day Stay of Enforcement of Court's August 12, 2021 Order to Remand filed by Defendant Beverly Hills Terrace, LLC. (Attachments: #1 Proposed Order) (Canavan, Ryan)
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Filing 38
TRANSMITTAL of documents to Superior Court of California, Los Angeles County. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court of California, Los Angeles County. (lom)
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Filing 37
MINUTES (IN CHAMBERS): ORDER GRANTING PLAINTIFFS' MOTION FOR REMAND [filed 7/16/2021; Docket No. 21] by Judge John F. Walter. For all the foregoing reasons, Plaintiffs' Motion for Remand is GRANTED, and this action is REMANDED to Los Angeles County Superior Court for lack of subject matter jurisdiction. MD JS-6. Case Terminated. (lom)
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Filing 36
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter.The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 9/9/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 9/16/2022 at 8:00 AM. Jury Trial set for 9/27/2022 at 8:30 AM. (iv)
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Filing 35
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on August 16, 2021 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: May 2, 2022. The Joint Report re: Results of Settlement Conference due on: May 6, 2022. (iv)
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Filing 34
REPLY NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and Motion to Strike (FRCP 12(f)) #22 filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC, Garfield Terrace, LLC. (Attorney Evan J. Topol added to party Garfield Terrace, LLC(pty:dft))(Topol, Evan)
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Filing 33
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 20, filed by Defendant Beverly Hills Terrace, LLC.. (Cruz, Kim)
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Filing 32
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and Motion to Strike (FRCP 12(f)) #22 filed by Plaintiffs Estate of James R. Jenkins, Troy Jenkins. (Attachments: #1 Declaration of Scott Carr in support of Opp to Motion to Strike - Motion to Dismiss, #2 Exhibit 1: Serrano Minute Order 7/21/21, #3 Exhibit 2: Acosta Minute Order 7/21/21)(Carr, Scott)
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Filing 31
REPLY in support of NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of Los Angeles #21 filed by Plaintiffs Estate of James R. Jenkins, Troy Jenkins. (Attachments: #1 Exhibit 1: Serrano - Minute Order Remanding 7.21.21, #2 Exhibit 2: Acosta - Minute Order Remanding 7.21.21)(Carr, Scott)
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Filing 30
STIPULATION to Dismiss defendant Beverly Hills Senior Care Facility, Inc., Garfield Terrace, LLC filed by defendant Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC.(Cruz, Kim)
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Filing 29
ORDER RE JOINT STIPULATION TO CONTINUE HEARING DATE OF DEFENDANTS MOTION TO DISMISS AND MOTION TO STRIKE #27 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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Filing 28
NOTICE OF ERRATA filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC. correcting NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and Motion to Strike (FRCP 12(f)) #22 correcting Declaration of Kim S. Cruz (Attachments: #1 Declaration Corrected Declaration of Kim S. Cruz, #2 Exhibit BB to Corrected Declaration of Kim S. Cruz, #3 Exhibit CC to Corrected Declaration of K)(Cruz, Kim)
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Filing 27
Joint STIPULATION for Hearing re NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and Motion to Strike (FRCP 12(f)) #22 filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC. (Attachments: #1 Proposed Order JOINT STIPULATION TO CONTINUE HEARING DATE OF DEFENDANTS MOTION TO DISMISS AND MOTION TO STRIKE; AND TO CONTINUE SCHEDULING CONFERENCE AND RELATED DEADLINES)(Canavan, Ryan)
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Filing 26
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of Los Angeles #21 filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-HHS Dec of Public Health Emergency, #3 Exhibit C-Newsom Declaration 3.4.20, #4 Exhibit D-SII Declaration, #5 Exhibit E-Trump Declaration of Emergency 3/13/20, #6 Exhibit F-1/26/21 EO-N-02-21, #7 Exhibit H-Removal, #8 Exhibit I-PREP Act Declaration, #9 Exhibit J-Amended PREP Act Declaration, #10 Exhibit K-2nd Amended PREP Act Declaration, #11 Exhibit L-4/16/20 OCG AO, #12 Exhibit M-List Countermeasures, #13 Exhibit N-10/22/20 HHS AO, #14 Exhibit O-OGC AO 1/8/21, #15 Exhibit P-4th Amended HHS Declaration, #16 Exhibit Q-4th Amended HHS Declaration, #17 Exhibit R-8/14/20 HHS Letter, #18 Exhibit S-Designation of Scarce Materials, #19 Exhibit T-Rachal v. Natchitoches Rehab, #20 Exhibit U-CA DSS Provider Info Notices, #21 Exhibit V-CDC March 8, 2020 Updated Guidance, #22 Exhibit W-PIN 20-20 ASC Updated Guidance, #23 Exhibit X-Umbrella EUA for Surgical Masks, #24 Exhibit Y-Hand Sanitizer final Guidance, #25 Exhibit Z-7/31/20 CDC PH Guidance for Community Exposure, #26 Exhibit AA-Asymptomatic spread article, #27 Exhibit BB-to Declaration of Kim S. Cruz-Meet and Confer Re: Removal, #28 Exhibit CC-to Declaration of Kim S. Cruz-Letter to Defense Counsel re: Meet & Confer)(Cruz, Kim)
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Filing 25
Opposition opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of Los Angeles #21 filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC. (Attachments: #1 Declaration of Kim S. Cruz in Opposition to Motion to Remand)(Cruz, Kim)
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Filing 24
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and Motion to Strike (FRCP 12(f)) #22 in Support of Motion to Dismiss (FRCP 12(b)(6) and Motion to Strike (FRCP 12(f)) filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-HHS Dec of Public Health Emergency, #3 Exhibit C-Newsom Dec 3/4/20, #4 Exhibit D-Successor in Interest Declaration, #5 Exhibit E-Trump Declaration of Emergency, #6 Exhibit F-1/27/21 Executive Order N-02-21, #7 Exhibit H-Removal, #8 Exhibit I-PREP Act Dec, #9 Exhibit J-Amended PREP Act Dec, #10 Exhibit K-2nd Amended PREP Act Dec, #11 Exhibit L-4/17/20 OCG AO, #12 Exhibit M-List Countermeasures, #13 Exhibit N-10/22/20 HHS AO, #14 Exhibit O-OCG AO 1/8/21, #15 Exhibit P-4th Amended HHS Dec, #16 Exhibit Q-5th Amended HHS Dec, #17 Exhibit R-8/14/20 HHS Letter, #18 Exhibit S-Designation of Scarce Materials by HHS, #19 Exhibit T-Rachal v. Nachitoches Nursing & Rehab, #20 Exhibit U-CA DSS Provider Info Notices, #21 Exhibit V-CDC 3/8/20 Updated Guidance, #22 Exhibit W-PIN 20-23 ASC Updated Guidance, #23 Exhibit X-Umbrella EUA for surgical masks not cleared by FDA, #24 Exhibit Y-Hand Sanitizer-revised final guidance, #25 Exhibit Z-7/31/20 CDC guidance for community exposure, #26 Exhibit AA-Asymptomatic spread article)(Cruz, Kim)
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Filing 23
STATEMENT Rule 7-3 Meet and Confer Conference Statement filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC re: NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and Motion to Strike (FRCP 12(f)) #22 . (Cruz, Kim)
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Filing 22
NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and Motion to Strike (FRCP 12(f)) filed by defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC. Motion set for hearing on 8/23/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order, #2 Declaration of Kim S. Cruz in Support of Motion, #3 Exhibit BB to Declaration of Kim S. Cruz, #4 Exhibit CC to Declaration of Kim S. Cruz) (Cruz, Kim)
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Filing 21
NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of Los Angeles filed by Plaintiffs Estate of James R. Jenkins, Troy Jenkins. Motion set for hearing on 8/16/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Scott Carr in support of Motion for Remand, #2 Exhibit 1: Letter from Puchalt to Canavan dated 7-6-21, #3 Exhibit 2: McCalebb v. AG Lynwood Decision - Attachment to M&C letter 1, #4 Exhibit 3: Riggs v. Country Manor, et al - Decision - Attachment to M&C letter 2, #5 Exhibit 4: Sherod v Comprehensive Healthcare Management Services LLC, #6 Exhibit 5: Jackson v Big Blue Healthcare Inc., #7 Exhibit 6: Estate of Maglioli v Andover Subacute Rehabilitation Center I, #8 Exhibit 7: Fortune v. Big Blue Healthcare, #9 Supplement Joint Statement re Motion for Remand, #10 Proposed Order re: Motion for Remand) (Carr, Scott)
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Filing 20
DECLARATION of Kim S. Cruz Lead Trial Counsel Re: Compliance With Local Rules Governing Electronic Filing filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC. (Cruz, Kim)
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Filing 19
Text Entry Order by Judge John F. Walter STRIKING PLAINTIFFS MOTION FOR REMAND #15 . Hearing date is untimely. Counsel shall review the Court's Standing Order IN FULL before refiling any Motion as there may be other deficiencies with this filing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
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Filing 18
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Remand #15 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv)
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Filing 17
DECLARATION of Scott H. Carr re Compliance with Local Rules Governing Electronic Filing filed by Plaintiffs Estate of James R. Jenkins, Troy Jenkins. (Carr, Scott)
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Filing 16
Certification and NOTICE of Interested Parties filed by Plaintiffs Estate of James R. Jenkins, Troy Jenkins, (Carr, Scott)
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Filing 15
*Stricken* NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of Los Angeles filed by Plaintiffs Estate of James R. Jenkins, Troy Jenkins. Motion set for hearing on 8/9/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Scott Carr in support of Motion for Remand, #2 Exhibit 1: Letter from Puchalt to Canavan dated 7-6-21, #3 Exhibit 2: McCalebb v. AG Lynwood Decision - Attachment to M&C letter 1, #4 Exhibit 3: Riggs v. Country Manor, et al - Decision - Attachment to M&C letter 2, #5 Exhibit 4: Sherod v Comprehensive Healthcare Management Services LLC, #6 Exhibit 5: Jackson v Big Blue Healthcare Inc., #7 Exhibit 6: Estate of Maglioli v Andover Subacute Rehabilitation Center I, #8 Exhibit 7: Fortune v. Big Blue Healthcare, #9 Supplement Joint Statement re Motion for Remand, #10 Proposed Order re: Motion for Remand) (Carr, Scott) Modified on 7/16/2021 (sr).
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Filing 14
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for August 16, 2021 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before August 2, 2021. (iv)
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Filing 13
TEXT ENTRY ORDER: On July 14, 2021 this case was transferred to the calendar of Judge John F. Walter. Counsel are hereby notified that the hearing on Plaintiffs Motion For Remand #8 which is currently set for August 9, 2021 at 10:00 a.m. before the Hon. Christine A. Snyder is hereby denied without prejudice to refiling before the Hon. John F. Walter in accordance with this Courts Standing Order filed on July 14, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
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Filing 12
STANDING ORDER by Judge John F. Walter. (sr)
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Filing 11
TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 100, inclusive.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
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Filing 10
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge John F. Walter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-04902 JFW(KSx). (rn)
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Filing 9
Certification and NOTICE of Interested Parties filed by Plaintiffs Estate of James R. Jenkins, Troy Jenkins, (Puchalt, Ivan)
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Filing 8
NOTICE OF MOTION AND MOTION to Remand Case to Superior Court of Los Angeles filed by Plainitffs Estate of James R. Jenkins, Troy Jenkins. Motion set for hearing on 8/9/2021 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Declaration of Ivan Puchalt iso Motion for Remand, #2 Exhibit 1 to Dec of Ivan Puchalt, #3 Exhibit 2 to Dec of Ivan Puchalt, #4 Exhibit 3 to Dec of Ivan Puchalt, #5 Exhibit 4 to Dec of Ivan Puchalt, #6 Exhibit 5 to Dec of Ivan Puchalt, #7 Proposed Order) (Puchalt, Ivan)
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Filing 7
STIPULATION Extending Time to Answer the complaint as to Garfield Terrace, LLC answer now due 7/23/2021; Beverly Hills Senior Care Facility, Inc. answer now due 7/23/2021; Beverly Hills Terrace, LLC answer now due 7/23/2021, re Complaint - (Discovery) filed by Defendants Garfield Terrace, LLC; Beverly Hills Senior Care Facility, Inc. ; Beverly Hills Terrace, LLC.(Attorney Ryan G. Canavan added to party Garfield Terrace, LLC(pty:dft))(Canavan, Ryan)
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Karen L. Stevenson. (jtil)
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CONFORMED COPY OF COMPLAINT filed by Plaintiffs Estate of James R. Jenkins, Troy Jenkins in Los Angeles Superior Court on 6/16/2021, attached as Exhibit A. (jtil)
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Filing 4
Certification and NOTICE of Interested Parties filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC, (Topol, Evan)
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Filing 3
REQUEST FOR JUDICIAL NOTICE in Support of Defendants' Notice of Removal filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B- PREP Act Dec, #3 Exhibit C- Amended Dec invoking PREP Act, #4 Exhibit D- Second Amended Dec invoking PREP Act, #5 Exhibit E- 4th Amended HHS Dec, #6 Exhibit F- HHS-Letter-Prep-Act-8-14-2020, #7 Exhibit G- HHS Advisory Opinion Oct. 22 2020, #8 Exhibit H- PREP Act advisory op by HHS, #9 Exhibit I- PREP Act covered devices and tests, #10 Exhibit J- Fifth Amended Dec. under the PREP Act, #11 Exhibit K- HHS Advisory Opinion 21-01 Jan. 8, 2021, #12 Exhibit L- Statement of Interest of U.S. (Bolton v. Gallatin Center) 1.19.21, #13 Exhibit M- Designation of Scarce Materials by HHS, #14 Exhibit N- Rachal Decision)(Topol, Evan)
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Filing 2
CIVIL COVER SHEET filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC. (Topol, Evan)
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Filing 1
NOTICE OF REMOVAL from Los Angeles County, case number 21STCV17153 Receipt No: ACACDC-31480200 - Fee: $402, filed by Defendants Beverly Hills Senior Care Facility, Inc., Beverly Hills Terrace, LLC. (Attorney Evan J. Topol added to party Beverly Hills Senior Care Facility, Inc. (pty:dft), Attorney Evan J. Topol added to party Beverly Hills Terrace, LLC(pty:dft))(Topol, Evan)
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