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Garcia v. Welltower OpCo Grp. LLC

Garcia v. Welltower OpCo Grp. LLC

United States District Court for the Central District of California

February 10, 2021, Decided; February 10, 2021, Filed

SACV 20-02250JVS(KESx)

Opinion

 [*736]  CIVIL MINUTES - GENERAL

Proceedings: [IN CHAMBERS] Order Regarding Plaintiffs' Motions for Remand and Defendants' Motion to Dismiss the Complaint

This order relates to a complaint by Gilbert Garcia ("Garcia"), by and through his successor in interest Paul Garcia ("P. Garcia"), and Paul Garcia ("P. Garcia"), Ronald Garcia ("R. Garcia"), and Gary Garcia ("G. Garcia") (collectively, "Plaintiffs") in their individual capacities against Welltower Opco Group LLC ("Welltower"), Sunrise Senior Living Management, Inc. ("Sunrise"), and Ruzica Calabrese ("Calabrese.").

Before the Court are two pending motions:1

1. Plaintiffs' Motion to Remand ("Rem. Mot."), Dkt. No. 18, filed in conjunction with Plaintiffs' Request for Judicial Notice ("RJN"), Dkt. No. 20. Welltower and Sunrise opposed the motion. Rem. Opp., Dkt. No. 31. Plaintiffs replied. Rem. Reply, Dkt. No. 38.

2. Welltower and Sunrise's Motion to Dismiss the Complaint for failure to state a claim and/or lack of subject matter jurisdiction. Mot. Dis., Dkt. No. 29. Plaintiffs opposed the motion. Dis. Opp., Dkt. No. [**2]  37. Welltower and Sunrise replied. Dis. Reply, Dkt. No. 40.

Also pending before the Court is Welltower and Sunrise's motion to dismiss the original complaint. Dkt. No. 13. Because Plaintiffs filed an amended complaint after Welltower and Sunrise filed their motion to dismiss, the Court DENIES as moot their original motion to dismiss.

On February 5, 2021, Plaintiffs filed a request for hearing after the Court posted its tentative order on the aforementioned pending motions. Dkt. No. 42. The Court has considered Plaintiffs' request, but for the reasons below, does not find a hearing to be necessary. L.R. 7-15.

For the following reasons, the Court DENIES Plaintiffs' Motion to Remand. The Court GRANTS in part their request for judicial notice. The Court also GRANTS Welltower and Sunrise's motion to dismiss for failure to state a claim under Rule 12(b)(6).

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522 F. Supp. 3d 734 *; 2021 U.S. Dist. LEXIS 25738 **; 2021 WL 492581

Gilbert Garcia et al v. Welltower OpCo Group LLC et al

CORE TERMS

countermeasure, advisory opinion, pandemic, immunity, Declaration, Plaintiffs', federal question, covered person, preemption, motion to dismiss, judicial notice, allegations, staff, planner, pre-empted, deference, infection, guidelines, removal, courts, senior, Reply, administered, well-pleaded, misconduct, confirmed, epidemic, pleaded