BETTY SUN VS. THE IVY AT GOLDEN GATE ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25631973 - June 4, 2026 Hearing date: June 4, 2026 Case number: CGC25631973 Case title: BETTY SUN VS. THE IVY AT GOLDEN GATE ET AL Case Number: | | CGC25631973 | Case Title: | | BETTY SUN VS. THE IVY AT GOLDEN GATE ET AL | Court Date: | | 2026-06-04 09:00 AM | Calendar Matter: | | MOTION FOR JUDGMENT ON THE PLEADINGS | Rulings: | | Matter on the DISCOVERY / LAW AND MOTION Calendar for Thursday, Jun-04-2026. Line 10. 3-DEFENDANTS WELLTOWER TRS HOLDCO LLC, WELLTOWER OP LLC, and WELLTOWER INC'S MOTION FOR JUDGMENT ON THE PLEADINGS.

Defendants Welltower TRS Holdco LLC, Welltower OP LLC, and Welltower Inc.'s motion for judgment on the pleadings as to plaintiff Betty Sun's elder abuse/neglect and negligence causes of action is denied. Plaintiff alleges ultimate facts that these entities were joint venturers of or alter egos of the entity that operated Sun's care home, or in the alternative that they directly controlled the facilities. On demurrer, the court accepts facts pleaded in the complaint as true and construes the complaint liberally.

Defendants' statutory immunity argument does not apply by its plain terms; the cited Delaware statute precludes only liability of a member or manager "solely by reason of being a member or acting as a manager of the limited liability company" (and in any event is the same as an analogous California law). That is not the basis for liability that Sun pleads.

The court grants moving defendants' request to judicially notice provisions of Delaware law and RJN exhibits 1-6. The court denies the request to judicially notice moving defendants' discovery responses (RJN exhibits 7-17). The court may not judicially notice the truth of disputed facts. The court denies Sun's request to judicially notice moving defendants' press releases and public announcements.

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