Gilbert Garcia, by v. WELLTOWER OPCO GROUP LLC, DBA Sunrise Villa Bradford

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GILBERT GARCIA, by and through his
successor in interest, Paul Garcia; PAUL
GARCIA, individually; RONALD GARCIA,
individually; GARY GARCIA, individually,
Plaintiffs-Appellants,
v.
WELLTOWER OPCO GROUP LLC, DBA
Sunrise Villa Bradford; SUNRISE SENIOR
LIVING MANAGEMENT, INC.; RUZICA
CALABRESE, an individual,
Defendants-Appellees.
No. 21-55224
D.C. No.
8:20-cv-02250-JVS-KES
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted November 15, 2022**
San Francisco, California
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
NOV 18 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Before: RAWLINSON and HURWITZ, Circuit Judges, and CARDONE,*** District
Judge.
1. The district court held that it had jurisdiction under 28 U.S.C. § 1331,
pursuant to the complete preemption doctrine. We vacate the district court’s
decision and remand for reconsideration in light of Saldana v. Glenhaven Healthcare
LLC, 27 F.4th 679 (9th Cir. 2022).
2. On remand, the district court should address in the first instance whether
there is jurisdiction pursuant to 28 U.S.C. § 1332(a)(1).
VACATED AND REMANDED.
*** The Honorable Kathleen Cardone, United States District Judge for the
Western District of Texas, sitting by designation.

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