Gilbert Garcia v. Welltower OpCo Group LLC
Opinion
Trial Court Opinion
I. BACKGROUND
A. Factual Background Plaintiff Gilbert Garcia (“Gilbert”) died of COVID-19 on July 3, 2020, while residing at Sunrise, an assisted living facility. (First Amended Complaint (“FAC”) ¶¶ 1–4, Dkt. No. 16.) CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 16 Case 8:20-cv-02250-JVS-KES Document Filed 03/23/ Page 2 of Page ID #:1128
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. 8:20-cv-02250-JVS(KESx) Date March 23, 2023 Title Gilbert Garcia, et al. v. Welltower OpCo Group, LLC et al. On March 4, 2020, California Governor, Gavin Newsom, declared a state of emergency as a result of the COVID-19 pandemic. (Id. ¶ 33.) On March 17, 2020, Sunrise announced its strict no-visitor policy, allowing access only to essential medical providers, hospice care providers, and family members of residents who were at the end of their life. (Id. ¶ 34.) During May 2020, Sunrise issued statements indicating that it did not have sufficient access to PPE. (Id. ¶ 35.) At the time, Gilbert was 89 and suffered from multiple preexisting conditions. (Id. ¶ 26.) On May 28, 2020,…