Opinion
21-55224
11-18-2022
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.
NOT FOR PUBLICATION
Submitted November 15, 2022 [**] San Francisco, California
Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding D.C. No. 8:20-cv-02250-JVS-KES
Before: RAWLINSON and HURWITZ, Circuit Judges, and CARDONE, [***] District Judge.
MEMORANDUM [*]
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.
[*] 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).
[***] The Honorable Kathleen Cardone, United States District Judge for the Western District of Texas, sitting by designation.