Gilbert Garcia v. Welltower OpCo Group LLC

I. BACKGROUND

A. Factual Background Plaintiffs filed suit against Welltower, Sunrise, and Calabrese alleging three causes of action under California law: elder abuse and neglect; wrongful death; and intentional infliction of emotional distress. See generally Dkt. No. 16 (“FAC”). Welltower and Sunrise operate a senior living facility, which Calabrese manages. Id. ¶¶ 12-14. Garcia was admitted as a resident to the facility in August 2017. Id. ¶ 24. He was also a resident of the facility during the COVID-19 pandemic and was “at extremely high risk for complications or death” related to the disease, having had a history of heart attacks, stroke, glaucoma, and hypertension. Id. ¶ 26. Despite this, at the start of the pandemic, he was “in relatively good health and spirits . . . mentally alert and oriented to person, place, and time . . ..” Id. ¶ 32. At the start of the pandemic and even after California’s Governor issued a state of emergency within the state, the facility “failed to implement appropriate infection control measures or follower local or public health guidelines in preparing for and preventing COVID-19 spread.” Id. ¶ 33. For example, while the facility…