Gilbert Garcia et al v. Welltower OpCo Group LLC et al
Plaintiff: Ronald Garcia, Paul Garcia, Gary Garcia and Gilbert Garcia
Defendant: Does 1 through 100, Sunrise Senior Living Management Inc, Welltower OpCo Group LLC doing business as Sunrise Villa Bradford and Ruzica Calabrese
Counter Claimant: Welltower OpCo Group LLC
Case Number: 8:2020cv02250
Filed: November 27, 2020
Court: US District Court for the Central District of California
Presiding Judge: Karen E Scott
Referring Judge: James V Selna
Nature of Suit: P.I.: Other
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 25, 2021 Filing 40 REPLY In support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint OR, ALTERNATIVELY, FOR 12(B)(1) HEARING #29 DEFENDANTS WELLTOWER OPCO GROUP LLC dba SUNRISE VILLA BRADFORD, SUNRISE SENIOR LIVING MANAGEMENT, INC., and RUZICA CALABRESES REPLY IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT filed by Counter Claimant Sunrise Senior Living Management Inc, Defendant Welltower OpCo Group LLC. (Attachments: #1 Exhibit A)(West, Michael)
January 25, 2021 Filing 39 PLAINTIFF'S NOTICE OF WITHDRAWAL AND TAKING OFF CALENDAR PLAINTIFFS' MOTION TO DISMISS DEFENDANTS' COUNTERCLAIM re NOTICE OF MOTION AND MOTION to Dismiss Case Defendant's Counterclaim #22 filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. (Attachments: #1 PROOF OF SERVICE)(Mourad, Ayman)
January 25, 2021 Filing 38 REPLY In Support NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. (Attachments: #1 Declaration MOURAD DEC, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 REPLY POS, #9 MOURAD DEC POS)(Mourad, Ayman)
January 19, 2021 Filing 37 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint OR, ALTERNATIVELY, FOR 12(B)(1) HEARING #29 filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. (Attachments: #1 PROOF OF SERVICE, #2 Declaration, #3 PROOF OF SERVICE)(Mourad, Ayman)
January 16, 2021 Filing 36 PROOF OF SERVICE Executed by Defendant Paul Garcia, Gilbert Garcia, Ronald Garcia, Gary Garcia, upon Defendant Ruzica Calabrese served on 1/7/2021, answer due 1/28/2021. Service of the Summons and Complaint were executed upon RUZICA CALABRESE in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Mourad, Ayman)
January 15, 2021 Filing 35 ANSWER to Amended Complaint/Petition, #16 DEFENDANTS WELLTOWER OPCO GROUP LLC dba SUNRISE VILLA BRADFORD, SUNRISE SENIOR LIVING MANAGEMENT, INC., AND RUZICA CALABRESES ANSWER TO FIRST AMENDED COMPLAINT FOR DAMAGES; AND COUNTERCLAIM BY WELLTOWER OPCO GROUP LLC dba SUNRISE SENIOR LIVING MANAGEMENT, INC. filed by Defendants Sunrise Senior Living Management Inc, Welltower OpCo Group LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(West, Michael)
January 15, 2021 Filing 34 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Defendant's Counterclaim #22 RESPONSE TO PLAINTIFFS MOTION TO DISMISS DEFENDANTS COUNTERCLAIM filed by Counter Claimant Sunrise Senior Living Management Inc, Defendant Welltower OpCo Group LLC. (West, Michael)
January 13, 2021 Opinion or Order Filing 33 ORDER ON DEFENDANTS' EX PARTE APPLICATION TO CONTINUE HEARING DATE FOR PLAINTIFFS' MOTION TO REMAND BASED ON DHHS ADVISORY OPINION 21-01 #30 by Judge James V. Selna, the Ex Parte application is GRANTED. Accordingly: 1. The hearing date for Plaintiffs' Motion to Remand is continued from February 1, 2021 at 1:30 p.m. to February 8, 2021 at 1:30 p.m. 2. Defendants' Opposition to Plaintiffs' Motion to Remand is due no later than January 18, 2021. 3. Plaintiffs' Reply is due no later than January 25, 2021. (es)
January 13, 2021 Filing 32 [IN CHAMBERS] SCHEDULING NOTICE: On the Court's own motion, the MOTION to Dismiss #13 previously scheduled for 2/1/2020 at 1:30 pm is continued to 2/8/2021 at 01:30 PM before Judge James V. Selna. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY
January 11, 2021 Filing 31 OPPOSITION IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 filed by Counter Claimant Sunrise Senior Living Management Inc, Defendant Welltower OpCo Group LLC. (Attachments: #1 Declaration of Michael P. West in support of Defendants Opposition to Plaintiffs Motion to Remand, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13)(West, Michael)
January 11, 2021 Filing 30 EX PARTE APPLICATION to Continue Hearing Motion to Remand from February 1, 2021 to February 8, 2021 Re: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 filed by Defendants Sunrise Senior Living Management Inc, Welltower OpCo Group LLC. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE HEARING DATE FOR PLAINTIFFS MOTION TO REMAND BASED ON DHHS ADVISORY OPINION 21-01, #2 Declaration of Michael P. West, #3 Exhibit A, #4 Proposed Order) (West, Michael)
January 6, 2021 Filing 29 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint OR, ALTERNATIVELY, FOR 12(B)(1) HEARING filed by Defendant Sunrise Senior Living Management Inc, Welltower OpCo Group LLC. Motion set for hearing on 2/8/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT OR, ALTERNATIVELY, FOR 12(B)(1) HEARING, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Proposed Order) (West, Michael)
January 5, 2021 Opinion or Order Filing 28 AMENDED ORDER ON DEFENDANTS' EX PARTE APPLICATION FOR LEAVE TO EXCEED PAGE LIMIT ON MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT #26 by Judge James V. Selna. *NOTE: CHANGES MADE BY THE COURT.* (es)
January 5, 2021 Filing 27 OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION to Exceed Page Limitation on Motion to Dismiss First Amended Complaint and on Opposition to Motion to Remand #25 filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. (Mourad, Ayman)
January 5, 2021 Opinion or Order Filing 26 ORDER ON DEFENDANTS' EX PARTE APPLICATION FOR LEAVE TO EXCEED PAGE LIMIT ON MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT #25 by Judge James V. Selna: *NOTE: CHANGES MADE BY THE COURT* (es)
January 4, 2021 Filing 25 EX PARTE APPLICATION to Exceed Page Limitation on Motion to Dismiss First Amended Complaint and on Opposition to Motion to Remand filed by defendants Sunrise Senior Living Management Inc, Welltower OpCo Group LLC. (Attachments: #1 Ex Parte Application, #2 Declaration of Michael P. West, #3 Proposed Order) (West, Michael)
December 28, 2020 Filing 24 21 DAY Summons Issued re Amended Complaint/Petition, #16 as to Defendant Ruzica Calabrese. (es)
December 28, 2020 Filing 23 NOTICE OF LODGING filed PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Dismiss Case Defendant's Counterclaim #22 (Attachments: #1 PROOF OF SERVICE)(Mourad, Ayman)
December 28, 2020 Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Case Defendant's Counterclaim filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. Motion set for hearing on 2/8/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 PROOF OF SERVICE) (Mourad, Ayman)
December 28, 2020 Filing 21 PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. (Attachments: #1 PROOF OF SERVICE)(Mourad, Ayman)
December 28, 2020 Filing 20 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 PROOF OF SERVICE)(Mourad, Ayman)
December 28, 2020 Filing 19 DECLARATION of Ayman R. Mourad in support of Plaintiff's Motion to Remand NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #18 filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. (Attachments: #1 Exhibit A, #2 B, #3 C, #4 PROOF OF SERVICE)(Mourad, Ayman)
December 28, 2020 Filing 18 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. Motion set for hearing on 2/1/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 PROOF OF SERVICE) (Mourad, Ayman)
December 23, 2020 Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition, #16 filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. (Mourad, Ayman)
December 23, 2020 Filing 16 FIRST AMENDED COMPLAINT against Defendants Sunrise Senior Living Management Inc, Welltower OpCo Group LLC, Ruzica Calabrese amending Complaint - (Discovery),, filed by Plaintiffs Paul Garcia, Gilbert Garcia, Ronald Garcia, Gary Garcia (Attachments: #1 PROOF OF SERVICE)(Mourad, Ayman)
December 11, 2020 Filing 15 Demant for Jury Trial filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia (Mourad, Ayman)
December 10, 2020 Opinion or Order Filing 14 Order Setting Rule 26(f) Scheduling Conference for 2/22/2021 at 10:00 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 2/16/2021. (lb)
December 4, 2020 Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) and/or 12(b)(1) filed by Defendants Sunrise Senior Living Management Inc, Welltower OpCo Group LLC. Motion set for hearing on 2/1/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Proposed Order) (West, Michael)
December 4, 2020 Filing 12 COUNTERCLAIM against Counter Defendants Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia, filed by Defendants Welltower OpCo Group LLC, Sunrise Senior Living Management Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(West, Michael)
December 2, 2020 Filing 11 CERTIFICATE OF SERVICE filed by Defendant Sunrise Senior Living Management Inc, Welltower OpCo Group LLC, re Initial Order upon Filing of Complaint - form only #5 served on December 2, 2020. (West, Michael)
December 2, 2020 Opinion or Order Filing 10 ORDER ON DEFENDANTS' EX PARTE APPLICATION FOR LEAVE TO EXCEED PAGE LIMIT ON MOTION TO DISMISS by Judge James V. Selna granting #6 EX PARTE APPLICATION: the Ex Parte application is GRANTED. Accordingly, Defendants shall file a joint Motion to Dismiss, the Memorandum of Points and Authorities for which shall not exceed thirty (30) pages. (bm)
December 2, 2020 Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION to Exceed Page Limitation Motion to Dismiss #6 . The following error(s) was/were found: Incorrect document is attached to the docket entry. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
December 2, 2020 Filing 8 OPPOSITION to EX PARTE APPLICATION to Exceed Page Limitation Motion to Dismiss #6 filed by Plaintiffs Gary Garcia, Gilbert Garcia, Paul Garcia, Ronald Garcia. (Mourad, Ayman)
December 1, 2020 Filing 7 NOTICE DEFENDANTS NOTICE OF EX PARTE APPLICATION FOR LEAVE TO EXCEED PAGE LIMIT ON MOTION TO DISMISS filed by Defendants Sunrise Senior Living Management Inc, Welltower OpCo Group LLC. (West, Michael)
December 1, 2020 Filing 6 EX PARTE APPLICATION to Exceed Page Limitation Motion to Dismiss filed by Defendants Sunrise Senior Living Management Inc, Welltower OpCo Group LLC. (Attachments: #1 Declaration of Michael West In Support of Defendants' Ex Parte Application for Leave to Exceed Page Limit on Motion to Dismiss, #2 Proposed Order on Defendants' Ex Parte Application for Leave to Exceed Page Limit on Motion to Dismiss) (West, Michael)
December 1, 2020 Filing 5 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb)
November 30, 2020 Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
November 30, 2020 Filing 3 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (esa)
November 30, 2020 Filing 2 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge James V. Selna for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Karen E. Scott. New Case Number 8:20-cv-02250 JVS (KESx). (esa)
November 27, 2020 CONFORMED COPY OF COMPLAINT against defendants Does, Sunrise Senior Living Management Inc, Welltower OpCo Group LLC, filed by plaintiffs Ronald Garcia, Gilbert Garcia, Paul Garcia, Gary Garcia. (filed in state court 10/27/20, submitted as document 1, attachment 1, p, 5) (esa)
November 27, 2020 Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-20-01167237-CU-PO-CJC Receipt No: ACACDC-29240879 - Fee: $400, filed by Defendants Welltower OpCo Group LLC, Sunrise Senior Living Management Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Certificate of Interested Parties) (Attorney Michael Paul West added to party Sunrise Senior Living Management Inc(pty:dft), Attorney Michael Paul West added to party Welltower OpCo Group LLC(pty:dft))(West, Michael)

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Search for this case: Gilbert Garcia et al v. Welltower OpCo Group LLC et al
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Defendant: Does 1 through 100
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Defendant: Sunrise Senior Living Management Inc
Represented By: Michael Paul West
Represented By: Ashley A Escudero
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Defendant: Welltower OpCo Group LLC doing business as Sunrise Villa Bradford
Represented By: Michael Paul West
Represented By: Ashley A Escudero
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Defendant: Ruzica Calabrese
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Plaintiff: Ronald Garcia
Represented By: Alexander S Rynerson
Represented By: Ayman Mourad
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Plaintiff: Paul Garcia
Represented By: Alexander S Rynerson
Represented By: Ayman Mourad
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Plaintiff: Gary Garcia
Represented By: Alexander S Rynerson
Represented By: Ayman Mourad
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Plaintiff: Gilbert Garcia
Represented By: Alexander S Rynerson
Represented By: Ayman Mourad
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Counter claimant: Welltower OpCo Group LLC
Represented By: Michael Paul West
Represented By: Ashley A Escudero
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