Estate of Vincent Frank Boscaino, Jr., et al. v. Adventist Health Hanford, et al.

No. 1:24-cv-00689-JLT-EPG (E.D. Cal. Dec. 9, 2025) (findings and recommendations) · United States District Court for the Eastern District of California · December 9, 2025 · No. 1:24-cv-00689-JLT-EPG

Summary

The document contains findings and recommendations from the U.S. District Court for the Eastern District of California concerning Adventist Health Hanford’s motion to dismiss. The court recommends denying the motion because it was directed at a superseded complaint and, in any event, supplemental jurisdiction exists over the related state-law medical negligence, negligence, and wrongful death and survival claims. The court found that the federal and state claims arise from a common nucleus of operative fact concerning the decedent’s allegedly inadequate medical care and death.

Holdings

  1. An amended pleading supersedes the prior pleading, so a motion directed at the superseded first amended complaint is moot; Adventist's decision to answer the second amended complaint rather than renew its motion did not preserve the earlier motion as a challenge to the operative pleading.
  2. The court had supplemental jurisdiction over the state-law claims against Adventist because those claims shared a common nucleus of operative fact with the federal deliberate-indifference claims.
  3. The circumstances did not warrant declining supplemental jurisdiction over the state-law claims against Adventist.

Questions Presented

  1. Whether Adventist's motion to dismiss should be denied as moot because it targeted the superseded first amended complaint.
  2. Whether the federal deliberate-indifference claims and state-law claims against Adventist shared a common nucleus of operative fact sufficient to support supplemental jurisdiction under 28 U.S.C. § 1367(a).
  3. Whether the court should decline to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c).

Disposition

other

Cases Cited (7)

  • Bahrampour v. Lampert, 356 F.3d 969, 978 (9th Cir. 2004)(followed)
  • Acri v. Varian Associates, Inc., 114 F.3d 999, 1000-1001 (9th Cir. 1997)(followed)
  • Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992), as amended (May 22, 1992)(followed)
  • Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015)(followed)
  • Rhodes v. Placer County, No. 2:09-CV-00489 MCE, 2011 WL 1302264, at *24 (E.D. Cal. Mar. 31, 2011), report and recommendation adopted, No. 2:09-CV-00489-MCE, 2011 WL 1739963 (E.D. Cal. May 4, 2011)(followed)
  • Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)(followed)
  • Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)(followed)

Cited In (0)

No citing cases on record yet.

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