Written by: Sandra Mekita Cianflone, Esq. and Laura Hall Cartner, Esq.
On February 10, 2021, James V. Selna in the Central District of California denied Plaintiffs' Motion to Remand and granted Defendants' Motion to Dismiss in Garcia v. Welltower OpCo Group LLC, et al. He found that the PREP Act applied to Defendants and completely preempted Plaintiffs' claims.
Briefly, by way of background, Plaintiff was a resident at Defendants' facility