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LEGAL DIVISION
Department of Social Sen/ices
Office of Chief Counsel

SHIRLEY RAMIREZ
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Assistant Chief Counsel

JULIE KURIAN, State Bar No. 243033
Senior StaffAttorney
744 P Street, MS 28-18

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Sacramento, CA 95814

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Telephone: (323) 981-1775
Facsimile Number: (323) 981-2799

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Attorneys for Complainant

BEFORE THE

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DEPARTMENT OF SOCIAL SERVICES
STATE OF CALIFORNIA

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IN THE MATTER OF:

OCEAN VIEW RESIDENCE, INC.
dba Court Yard Estates

CDSS No. 6219004301
OAH No.

27104 Fond Du Lac Road
Rancho Palos Verdes, CA

ACCUSATION

90275" ~'~~ '~"~"'

(LICENSE REVOCATION)

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OCEAN VIEW RESIDENCE, INC.

CDSS No. 6219004301 B

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dba Ocean Park Residence #1

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Santa Monica, CA 90405

(LICENSEREVOCATION)

OCEAN VIEW RESIDENCE, INC,

CDSS No. 6219004301 C

2108 Oak Street

ACCUSATION

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dba Ocean Park Residence #2

21100ak$freet

ACCUSATION

Santa Monica, CA 90405

(LICENSE REVOCATION)

DIMITRIZAFIRIS

CDSS No. 6219004301 D

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ACCUSATION
(REVOCATION OR

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FORFEITURE OF

ADMINSTRATOR

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CERTIFCATE)

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DIMITRIZAFIRIS

CDSS No. 6219004301 E
ACCUSATION

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(EXCLUSIONACTION)

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license revo, excl and administrator decert-doc 1

 NELIATUIZA
AKA NELIA GARCIA TUIZA

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CDSS No. 6219004301 F

ACCUSATION
(EXCLUSION ACTION)

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Respondents.

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JURISDICTION

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1.

This matter arises under the California Residential Care Facilities for the

7 Elderly Act, Health and Safety Code section 1569 et seq., which governs the licensing
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and operation of residential care facilities for the elderly.

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2.

The regulations which govern the licensing and operation of residential

10 care facilities for the elderly are contained in California Code of Regulations, title 22,
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section 87100 et seq.'

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3.

The California Department of Social Services ("Department") is the

13 agency ofthe State of California responsible for the licensing and inspection of
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residential care facilities for the elderly and for certifying individuals to be administrators

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of residential care facilities for the elderly.

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4.

The Department may prohibit any person from being a licensee, owning

17 a beneficial ownership interest of 10 percent or more in a licensed facility, or being an
18 administrator, officer, director, member, or manager of a licensee or entity controlling a
19 licensee, and may further prohibit any licensee from employing, or continuing the
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employment of, or allowing in a licensed facility, or allowing contact with clients of a

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licensed facility by, any employee, prospective employee, or person who is not a client

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of a residential care facility for the elderly pursuant to Health and Safety Code section

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1569. 58 and may revoke or deem forfeited the certificate of an administrator pursuant to

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Health and Safety Code section 1569. 616(h)(2) and Regulation section )87408(a).

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Subsequent references to any regulation sectfon(s) are to TiUe 22 of the California Code of Regulations.

license revo, excl and administrator decert-doc

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5.

The Department may exclude a resource family parent, applicant, or

other individual from presence in any resource family home, from employment in,

3 ipresence in, and contact with clients of any facility licensed by the department or
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certified by a licensed foster family agency, and from holding the position of member of

5 the board ofdirectors, executive director, or officer ofthe licensee ofanyfacility
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licensed by the Department pursuant to Welfare and Institutions Code section

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16519. 6(g)(1).

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6.

Administrative proceedings before the Department must be conducted in

conformity with the provisions ofthe California Administrative Procedure Act, Chapter 5,
Government Code section 11500 et se<y.

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7.

Pursuant to Health and Safety Code section 1 569. 52, the Department

12 may institute or continue a disciplinary proceeding against a licensee following the
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suspension, expiration, or forfeiture of a license and may revoke or deem forfeited the

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certificate of an administrator pursuant to Health and Safety Code section

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1569. 616(h)(2) and Regulation section 87408(a).

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8.

Pursuant to Health and Safety Code section 1569, 58(f), the Department

may institute or continue a disciplinary proceeding against a person following the

18 resignation, withdrawal of employment application, or change ofduties, or any
19 discharge, failure to hire, or reassignment ofthe person by the licensee or ifthe person
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no longer has contact with clients of the facility.

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9.

Pursuant to Health and Safety Code sections 1 569. 51(b) and

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1569. 58(e), the standard of proof to be applied in this proceeding is the preponderance

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of evidence.

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THE PARTIES

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10. Senior Staff Attorney JULIE KURIAN of the Legal Division of the

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Department files this Accusation on behalf of Pamela Dickfoss, Deputy Director of the

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license revo, excl and administrator decert. doc

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Community Care Licensing Division ofthe Department, pursuant to Government Code

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section 11503.

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11. Complainant PAMELA DICKFOSSis the Deputy Director ofthe
Community Care Licensing Division of the Department. Pursuant to Government Code

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section 11503, Complainant files this Accusation in her official capacity.

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12. Respondent OCEAN VIEW RESIDENCE, INC. ("Respondent Ocean

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View")is licensed bythe Department to operate a residential carefacilityforthe elderly

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dba Court Yard Estates located at.27104 Fond Du Lac Road, Rancho Palos Verdes.

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California 90275 ("Facility No. 1"). The facility was initially licensed on June 18, 2007.

10 A copy of Respondent's most recent license setting forth the capacity, limitations, and

11 effective datesaccompanies thisAccusation asATTACHMENT A andis incorporated
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by reference.

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13. Respondent Ocean View is also licensed by the Department to operate
residential care facility for the elderly dba Ocean Park Residence #1 located at 2108

15 Oak Street, Santa Monica, California 90405 ("Facility No. 2"). The facility was initially
16 licensed on October 28, 2003. A copy of Respondent's most recent license setting forth
17 the capacity, limitations, and effective dates accompanies this Accusation as
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ATTACHMENT B and is incorporated by reference.

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14. Respondent Ocean View is also licensed bythe Department to operate
residential care facility for the elderiy dba Ocean Park Residence #2 located at 2110

21 Oak Street, Santa Monica, California 90405 ("Facility No. 3"). Thefacilitywas initially
22 licensed on October 28, 2003. A copy ofRespondent's most recent license setting forth
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the capacity, limitations, and effective dates accompanies this Accusation as

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ATTACHMENT C and is incorporated by reference.

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15, Respondent DIIWITRIZAFIRIS ("Respondent Zafiris") is employed by

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and has contact with the clients of the facility.

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license revo, excl and administrator decert.doc

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16. Respondent Zafiris was certified on December 4, 2006 to be a

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residential care facility for the elderly administrator. A copy of Respondent Zafiris' most

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recent administrator certificate accompanies this Accusation as ATTACHMENT D and

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is incorporated by reference.

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17. Respondent NELIATUIZA AKA NELIAGARCIA ("Respondent Nelia")
is employed by and has contact with the clients of the facility.

18. Respondent Ocean View, by virtue of licensure, must operate in

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accordance with the statutes and regulations governing the licensing and operation of

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residential care facilities for the elderly. Respondent Zafiris and Respondent Nelia, by

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virtue of employment, prospective employment, presence in or contact with clients of a

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residential care facility for the elderly, is subject to the jurisdictional provisions of Health

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and Safety Code section 1569. 58. Respondent Zafiris, by virtue of administrator

13 certification, must comply with the statutes and regulations governing the certification of
14 administrators pursuant to Health and Safety Code section 1 569. 616 and Regulation

15 sections 87408 and 87409. Copies ofthe applicable statutes and regulations
^g accompany this Accusation as ATTACHMENT E and are incorporated by reference.
FACTUAL ALLEGATIONS

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^Q SUBJECT MATTER:

LACK OF CARE AND SUPERVISION/PERSONAL RIGHTS

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Health and Safety Code sections 1569. 50(a)

APPLICABLE LAW:

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and 1569. 58(a)(1)

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Regulation sections 87468 and 87468

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ALLEGATIONS:
19. On or about March 7, 2018, Respondents failed to protect the personal

^ 4 rights ofand provide proper careto Client No. 1, whosustained ratbiteswhile incare at
35 Facility No. 1. As a factor in aggravation. Respondents knew or should have known

^g that Client No. 1 wasparticularly vulnerable as Client No. 1 wason hospice care and
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had existing wounds.

license revo, excl and administrator decert. doc

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SUBJECTMATTER:

HEALTH CONDITIONS

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RESTRICTED HEALTH CONDIT10NS/PROHIBITED

APPLICABLE LAW:

Health and Safety Code sections 1569. 50(a),

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and 1569. 58(a)(1)

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Regulation sections 87612 and 87615

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ALLEGATIONS:
20. On or about March 7, 2018 to March 11, 2018, and other dates unknown

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to the Complainant at this time, Respondents retained Client No. 1 as a resident at

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Facility No. 1 despite the fact that Client No. 1 had Stage 3 and Stage 4 pressure

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ulcers, a prohibited health condition necessitating a higher level of care.

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SUBJECT MATTER:

OBSERVATION OF THE RESIDENT

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Health and Safety Code sections 1569. 50(a),

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and 1569. 58(a)(1)

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Regulation section 87466

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ALLEGATIONS:

21. On or about March 7, 2018 and other dates unknown to the Complainant

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at this time, Respondents failed to ensure that Client No. 1 was regularly observed for

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physical health conditions and that changes were documented and brought to the

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attention of the Client's No. 1 's physician.

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SUBJECT MATTER:

CARE OF PERSONS WITH DEMENTIA

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Health and Safety Code sections 1569. 50(a),

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and 1569. 58(a)(1)

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Regulation section 87705(f)

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22. On or about November 13, 2018, Respondents failed to ensure that

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potentially dangerous items (e. g. knives, scissors) that could constitute a danger to the

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residents in care were properly secured at Facility No. 1.

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23. On or about May 18, 2017, Respondent failedto ensure that potentially

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dangerous items (e. g. knives, scissors in an unlocked drawer) that could constitute a

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danger to the residents in care were properly secured at Facility No. 1,

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24. On or about May 18, 2017, Respondent failed to ensure that Facility No.

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1 had an auditory device or other similar type ofalert in place to monitor exits as Facility

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No. 1 provides care to dementia clients.

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SUBJECT MATTER:

PERSONNEL REQUIREMENTS

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APPLICABLE LAW:

Health and Safety Code sections 1569. 50(a),

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and 1569. 58(a)(1)

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Regulation section 8741 1 (a)
ALLEGATIONS:

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25. On or about November 13, 2018, Respondents failed to ensure sufficient

13 staffing at Facility No. 1, which did not have sufficient staff to provide the services
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necessary to meet the needs of the residents in care.

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SUBJECT MATTER:

CRIMINAL RECORD CLEARANCE

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Health and Safety Code sections 1569. 50(a).

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and 1569. 58(a)(1)

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Regulation section 87355(e)(1)

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ALLEGATIONS;

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26. On or about November 1 3, 2018, Respondents faited to ensure that all
staff members working at Facility No. 1 had requisite criminal record clearances.

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27. On or about March 22, 2018, Respondents failed to ensure that all staff

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members working at Facility No. 1 had criminal record clearances properly associated

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to Facility No. 1.

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license revo, excl and administrator decert. doc

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SUBJECT MATTER:

MAINTENANCE AND OPERATION

2 APPLICABLELAW:

Health and Safety Code sections 1569. 50(a),

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and 1569. 58(a)(1)

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Regulation section 87303(e)(2)

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ALLEGATIONS:

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28. On or about November 13, 2018, Respondents failed to ensure that the

hot water temperature at the Facility No. 1 met regulatory requirements,

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29. On or about March 7, 2018, and other dates unknown to the

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Complainant at this time, Respondents failed to ensure that the facility was maintained

10 in a clean; sanitary condition as Facility No. 1 had a rat infestation that was not
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adequately or timely addressed.

12 SUBJECT MATTER:

CONDUCT INIMICAL

13 APPLICABLE LAW:

Health and Safety Code sections 1569. 50 and 1569. 58(a)(2)

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ALLEGATIONS:

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30. On or about March 7, 2018 and for unknown dates prior thereto,
Respondent Zafiris and Respondent Neila were aware of or should have been aware of

17 the severity of the rat infestation at Facility No. 1 and failed to take appropriate
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measures to protect the health and safety of clients in care.

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31

Respondent Zafiris and Respondent Neila engaged in conduct that is

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inimical to the health, morals, welfare, or safety of either an individual in or receiving

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services from the facility, or the people of the State of California as alleged in paragraph

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29, above, and incorporated here by reference.

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SUBJECT MATTER:

ADMINISTRATOR QUALIFICATIONS

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Health and Safety Code section 1569. 616(h}(1)-(2)

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Regulation sections 87405{d)(2) and (5); 87408(a)(3) and (6);

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and87409(a)(1)-(2)

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ALLEGATIONS:

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32. By virtue of the facts alleged in paragraphs 18 through 31, Respondent

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Zafiris has demonstrated a lack of knowledge of and ability to conform to the applicable

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laws, rules and regulations and/or Respondent Zafiris has failed to demonstrate good

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character and a continuing reputation of personal integrity as required of an

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CAUSE FOR DISCIPLINE

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33. The facts alleged in paragraphs 18through 32, individually and/orjointly,
constitute violations of licensing laws. These facts provide cause, pursuant to Health

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and Safety Code section 1569. 50(a)-(b) to revoke Respondent Ocean View Inc. 's

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licenses to operate the facilities,

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34. The facts alleged in paragraphs 18 through 32, individually and/orjointly,

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constitute conduct by Respondent Zafiris and Respondent Neila which is inimical to the

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health, morals, welfare, or safety of either an individual in, or receiving services from,

15 the facility or the people of the State of California. These facts provide cause, pursuant
16 to Health and Safety Code section 1569. 50(c), to revoke the license to operate the
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facility.

35. The facts alleged in paragraphs 18 through 32, individually and/or jointly,

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constitute grounds pursuant to Health and Safety Code section 1569. 58(a)(1) and

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Welfare and Institutions Code section 16519. 6(g)(1) to prohibit Respondent Zafiris and

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Respondent Neila from being a licensee, owning a beneficial ownership interest of 10

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percent or more in a licensed facility, or being an administrator, officer, director,

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member, or manager of a licensee or entity controlling a licensee, and, further, from

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employment in, presence in, and contact with clients of, any facility licensed by the

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Department or certified by a licensed foster family agency, or any resource family home.

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36. The facts alleged in paragraphs 18 through 32, individually and/or jointly,

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constitute conduct by Respondent Zafiris and Respondent Nelia which is inimical to the

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health, morals, welfare orsafety ofeither an individual in or receiving services from the

2 facility, orthe people oftheStateofCalifornia. Thesefacts providecausepursuantto
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Health and Safety Code section 1569. 58(a)(2) and Welfare and Institutions Code

4 section 16519.6(g)(1) to prohibit Respondents from beinga licensee, owning a
5 beneficial ownership interest of 10 percent or more in a licensed facility, or being an

6 administrator, officer, director, member, ormanagerofa licenseeorentity controlling a
7 licensee, and,further, from employment in, presence in, andcontactwithclients of, any
8 facility licensed by the Department or certified bya licensed foster family agency orany
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resource family home.

37. Thefactsalleged in paragraphs 18through 32, individually and/orjointly,

11 also constitute cause pursuant to Health and Safety Code section 1569. 616(h)(2) and
12 Regulation sections 87408(a)(3) and (6) and 87409(a)(2) to revoke or deem forfeited

13 Respondent Zafiris's administrator certificate for residential care facilities forthe elderly
14 asa result ofan orderexcluding Respondent Zafiris pursuant to Health and Safety
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Code section 1569. 58.

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PETITION FOR RELIEF

38. WHEREFORE, Complainant requests that Respondent Ocean View

18 Inc. 's licenses to operate residential care facilities for the elderly be revoked.
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39. WHEREFORE, Complainant requests that Respondent Dimitri Zafiris be

20 prohibited for the remainder of Respondent's life, from being a licensee, owning a
21 beneficial ownership interest of 10 percent or more in a licensed facility, or being an
22 administrator, officer, director, member, or manager of a licensee or entity controlling a
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licensee, and, further, from employment in, presence in, and from contact with clients of,

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any facility licensed bythe Department or certified by a licensed fosterfamily agency, or

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any resource family home2.

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2 Respondent may petition the Department once a year for a reduction in penalty under Government
Code section 11522.

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40. WHEREFORE, Complainant requests that Respondent Dimitri Zafiris's

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administrator certificate for residential care facilities forthe elderly be revoked or

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deemed forfeited.

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41. WHEREFORE, Complainant requests that Respondent Nelia Tuiza aka

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Nelia Garcia be prohibited for the remainder of Respondent's life, from being a licensee,

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owning a beneficial ownership interest of 10 percent or more in a licensed facility, or

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being an administrator, officer, director, member, or manager of a licensee or entity

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controlling a licensee, and, further, from employment in, presence in, and from contact

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with clients of, any facility licensed by the Department or certified by a licensed foster

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family agency, or any resource family home3

DATED: ^ o 9 2019

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^/wU^:U^

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^-j

P MELADICK SS
Deputy Director
Community Care Licensing Division
)epartment of S'ociaiServices

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3 Respondentmay petition the Departmentonce a yearfor a reduction in penalty underGovernment
Code section 11522.

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