Prescott

ORDER GRANTING IN PART AND DENYING IN, PART DEFENDANT’S MOTION TO DISMISS .AND DENYING DEFENDANT’S MOTION TO STAY

Before the Court are Defendant Rady Children’s Hospital, San Diego’s (“RCHSD”) motion to dismiss and motion to stay. (ECF. No. 9, 15.) The Court discusses each below.

I. BACKGROUND

Plaintiff Katharine Prescott brought this action against RCHSD on behalf of herself, and ori behalf of Kyler Prescott, her deceased . minor son. (ECF No. 1 (“Compl.”).) RCHSD is a nonprofit healthcare organization affiliated with the University of California, San Diego School of Medicine that receives federal and state assistance. (Compl. ¶ 20-22.) Mr. Prescott alleges that RCHSD “advertises its expertise in treating transgender and gender noncomforming children and adolescents through its Gender Management Clinic... .’’ (Id. at ¶23.) “RCHSD held itself out and warranted itself to the public as competent, careful, and experienced in the care and treatment of patients, particularly transgender patients and those with gender dysphoria 1 .” (Id.) Additionally, RCHSD’s website states that transgender youth “deserve to have a medical home at Rady Children’s Hospital — San Diego.” (Id.)

Kyler…