Hernandez
Hernandez v. TLC of the Bay Area, Inc.
Opinion
Lead Opinion
Lloyd, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND
Plaintiff Daniel Hernandez sues for himself and on behalf of two putative subclasses for rescission of an arbitration agreement due to alleged fraud, as well as for alleged violation of California Health and Safety Code § 1430(b). Hernandez invokes this court’s diversity jurisdiction, 28 U.S.C. § 1332 . Pursuant to Fed. R. Civ. P. 12(b)(6), defendant TLC of the Bay Area, Inc. (TLC) moves to dismiss the First Amended Complaint (FAC) for failure to state a claim. TLC also moves to strike the class allegations pursuant to Fed. R. Civ. P. 12(f), Plaintiff opposes the motion. Upon consideration of the, moving and-responding papers, as well as the oral arguments presented, the court grants TLC’s motion to dismiss and deems moot the motion to strike.
*851 BACKGROUND
The following facts are drawn from the FAC. Additionally, as will be' discussed, the parties' have separately stipulated to the dates of plaintiffs admission to and discharge from the facility in question.
Hernandez is a former resident of one of the skilled nursing facilities (Facility) owned and operated by TLC. The parties…