1 5 GILBERT L. PURCELL, ESQ., S.B. #113603 gpurcell@braytonlaw.com STEVEN J. PATTI, ESQ., S.B. #163773 spatti@braytonlaw.com BRAYTON˜PURCELL LLP Attorneys at Law 222 Rush Landing Road Novato, California 94948 (415) 898-1555 6 Attorneys for Plaintiffs 2 3 4 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN DIEGO 10 11 ATTORNEYS AT LAW 222 RUSH LANDING ROAD P.O. BOX 2109 NOVATO, CALIFORNIA 94945 415-898-1555 BRAYTON— PURCELL 12 13 14 15 16 17 18 JADIANNA HUGLE, as Successor-inInterest to and as Wrongful Death Heir of LENARD HUGLE, JR., Deceased; MONICA HUGLE, ) ) ) ) ) Plaintiffs, ) ) vs. ) ) LA JOLLA SKILLED, INC., dba THE ) SPRINGS AT PACIFIC REGENT, LA ) JOLLA; THE ENSIGN GROUP, INC.; ) ENSIGN SERVICES, INC.; FLAGSTONE ) HEALTHCARE SOUTH LLC; ) FLAGSTONE HEALTHCARE SOUTH, ) INC.; and DOES 1 THROUGH 100, ) No. COMPLAINT 1) 2) 3) 4) Negligence (Wrongful Death); Negligence Per Se (Wrongful Death); Elder Abuse; Unlawful Business Practices COVID-19 19 Defendants. 20 21 INTRODUCTION 22 23 We as a society measure ourselves in part by how we care for our elder citizens–citizens 24 with special needs and vulnerabilities who often require unique health care services, 25 monitoring, care, treatment and protection. LENARD HUGLE was such a person who, having 26 suffered a stroke at age 73, entrusted his care and rehabilitation to “The Springs at Pacific 27 Regent, La Jolla,” a for-profit skilled nursing facility that advertised “State-of-the-Art” therapy 28 and care. “[W]hen you’re in our hands,” The Springs promised, “you can rest assured that K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 1 1 you’re getting the best that there is...[E]ach day you spend with us is filled with the caliber of 2 service that will make your stay comfortable, safe and therapeutic.” Mr. HUGLE’s stay, 3 however, was anything but. 4 He was admitted to The Springs in February of 2020, as the world was preparing for the 5 threat from the coronavirus known as COVID-19, well known by then to be transmitted by 6 person-to-person contact, and soon to be present in California. Elders, and nursing home 7 residents in particular, were understood to be at increased risk of infection and complications of 8 the virus, and management and staff of facilities like The Springs had a special obligation to be 9 proactive, vigilant and to avail themselves of the best science and most scrupulous preventive 10 measures available to protect their residents. The Springs failed in its obligation to protect Mr. 11 HUGLE as outlined in this Complaint. By March 17, 2020, Mr. HUGLE’s roommate at The 12 Springs had contracted COVID-19. By early April Mr. HUGLE was diagnosed with the virus. 13 He never saw his family again before passing away on April 18, 2020. 14 GENERAL ALLEGATIONS 15 1. Plaintiff JADIANNA HUGLE is an individual residing in the City of El Cajon, 16 17 18 19 20 21 County of San Diego, California, and is the daughter of LENARD HUGLE, JR., deceased. 2. Plaintiff MONICA HUGLE is an individual residing in the State of Texas, and is the daughter of LENARD HUGLE, JR., deceased. 2. LENARD HUGLE, JR. (hereinafter referred to as “DECEDENT) died on April 18, 2020. Plaintiffs bring this action pursuant to Section 377.30 of the Code of Civil Procedure. 3. Defendant LA JOLLA SKILLED, INC., doing business as THE SPRINGS AT 22 PACIFIC REGENT, LA JOLLA, a Nevada Corporation, is a corporation duly organized and 23 existing under and by virtue of the laws of Nevada, and authorized to conduct business within 24 the State of California under and by virtue of the laws of California, and conducts business in 25 the City of La Jolla, County of San Diego, State of California. Plaintiffs are informed and 26 believe, and based thereon allege, that THE SPRINGS AT PACIFIC REGENT, LA JOLLA is a 27 health care provider and skilled nursing facility licensed in the State of California, is 28 responsible under the law for compliance with provisions of the Health, Safety and Security Act K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 2 1 of 1973 (Health & Safety Code sections 1417, et seq.) and regulations contained in Titles 17 2 and 22 of the California Administrative Code, and undertook to provide care and treatment for 3 DECEDENT’s medical condition and to provide him with proper custodial care. 4 4. Defendant THE ENSIGN GROUP, INC. is a corporation duly organized and existing 5 under and by virtue of the laws of the State of Delaware, and authorized to conduct business 6 within the State of California under and by virtue of the laws of California, and conducts 7 business in the City of San Juan Capistrano, County of Orange, State of California. 8 9 5. Defendant ENSIGN SERVICES, INC. is a corporation duly organized and existing under and by virtue of the laws of the State of Nevada, and authorized to conduct business 10 within the State of California under and by virtue of the laws of California, and conducts 11 business in the City of San Juan Capistrano, County of Orange, State of California. 12 6. Defendant FLAGSTONE HEALTHCARE SOUTH, INC. is a corporation duly 13 organized and existing under and by virtue of the laws of the State of Nevada, which was until 14 recently authorized to conduct business within the State of California under and by virtue of the 15 laws of California, with its principal place of business in the City of San Juan Capistrano, 16 County of Orange, State of California. 17 7. Defendant FLAGSTONE HEALTHCARE SOUTH LLC is a limited liability 18 company duly organized and existing under the laws of the State of Nevada, and authorized to 19 conduct business within the State of California under and by virtue of the laws of California, 20 and conducts business in the City of San Juan Capistrano, County of Orange, State of 21 California. 22 8. Plaintiffs do not know the true names or capacities of defendants sued herein as 23 DOES 1 through 100, inclusive, and will amend this Complaint to set forth the true names and 24 capacities of said fictitiously named defendants when the same have been ascertained. 25 Plaintiffs are informed and believe, and thereon allege, that at all times mentioned herein each 26 of said fictitiously named defendants was the agent or employee of the other fictitiously named 27 or actually named defendants, and, acting within the course and scope of such employment or 28 agency, took some part in the acts or omissions hereinafter set forth, or was a principal and took K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 3 1 some part in said acts or omissions, by reason of which each of said fictitiously named 2 defendants is liable to plaintiffs for the relief prayed for herein. 3 9. At all times mentioned herein, LA JOLLA SKILLED, INC., dba THE SPRINGS AT 4 PACIFIC REGENT, LA JOLLA; THE ENSIGN GROUP, INC.; ENSIGN SERVICES, INC.; 5 FLAGSTONE HEALTHCARE SOUTH LLC; FLAGSTONE HEALTHCARE SOUTH, INC. 6 (hereinafter referred to collectively as “DEFENDANTS”) and DOES 1 through 50 were each 7 acting as the agent, master, servant, employer, employee, subsidiary, parent, partner, joint- 8 venturer, associate, affiliate or successor to each other, and at all times relevant herein, were 9 acting in further of such relationship, and with the permission and consent of each other. 10 10. At all times mentioned herein, DEFENDANTS, and each of them, were and are 11 engaged in the business of acting as health care providers and rendering nursing, convalescent, 12 personal care, medical, therapeutic and/or health care services to members of the general public 13 by and through their respective occupations, businesses, employment, rendering of professional 14 or medical services, and/or attending to the health and medical needs of individuals, including 15 but not limited to DECEDENT. 16 11. During the month of February, 2020, and following his having suffered a stroke, 17 DECEDENT was admitted for in-patient custodial care and rehabilitation at the skilled nursing 18 facility operated by defendants under the name THE SPRINGS AT PACIFIC REGENT, LA 19 JOLLA, located at 3884 Nobel Drive, La Jolla, California (also referred to herein as “the La 20 Jolla Facility”), where he resided until contracting COVID-19 in April 2020. DECEDENT was 21 73 years old at the time of his admission and his eventual death. 22 12. From February 2020 to April 2020, DEFENDANTS undertook and were 23 responsible for providing and administering day-to-day care and treatment of DECEDENT. 24 13. The cause of DECEDENT’s death was complications of the infectious disease 25 known as SARS-CoV-2 (“Coronavirus” or “COVID-19"). He contracted COVID-19 while he 26 was a resident at the La Jolla facility. He was diagnosed with COVID-19 infection on or after 27 April 1, 2020, and died from complications thereof on April 18, 2020. 28 /// K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 4 1 2 14. The first instances of COVID-19 spreading to humans were diagnosed in or around December 2019. 3 4 15. On or about January 21, 2020, the Centers for Disease Control and Prevention (“CDC”) confirmed the first case of COVID-19 infection in the United States. 5 16. On January 26, 2020, CDC confirmed the first case of COVID-19 in California. 6 17. According to the World Health Organization (“WHO”): “People can catch COVID- 7 19 from others who have the virus. The disease can spread from person to person through small 8 droplets from the nose or mouth which are spread when a person with COVID-19 coughs or 9 exhales. These droplets land on objects and surfaces around the person. Other people then 10 catch COVID-19 if they breathe in droplets from a person with COVID-19 who coughs out or 11 exhales droplets.” 12 13 18. This is problematic, inter alia, because a human sneeze can expel droplets of mucus and saliva that travel at nearly a hundred miles an hour and can spread up to 27 feet. 14 19. According to a recent report in the New York Times, “[a]n infected person talking 15 for five minutes in a poorly ventilated space can also produce as many viral droplets as one 16 infectious cough.” 17 20. These droplets can spread COVID-19 when they reach humans directly, or when 18 they land on habitable surfaces where they can survive until that surface is touched by a 19 potential human host. 20 21 21. Droplets containing COVID-19 have been shown to be capable of infecting a variety of surfaces for a period of hours or days, if not longer. 22 22. According to guidance from the CDC, those at high-risk for severe illness from 23 COVID-19 include people 65 years or older, those who live in a nursing home or long-term care 24 facility, and those with underlying medical conditions. In late February, a COVID-19 outbreak 25 at a nursing home in Washington infected two-thirds of its residents and killed 37 people. The 26 media widely covered this story. 27 /// 28 /// K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 5 1 23. By March 4, 2020, the virus had spread to such an extent and posed such a danger 2 that California’s Governor, Gavin Newsom, proclaimed a State of Emergency to exist in 3 California as a result of the threat of COVID-19. 4 24. On March 12, 2020, Governor Newsom issued Executive Order N-25-20, ordering 5 that: “All residents are to heed any orders and guidance of state and local public health officials, 6 including but not limited to the imposition of social distancing measures, to control the spread 7 of COVID-19.” This order took effect on March 12, 2020, and remained in effect through and 8 including the date of DECEDENT’s death. 9 25. On March 16, 2020, the CDC and members of the national Coronavirus Task Force 10 issued to the American public guidance, styled as “30 Days to Slow the Spread” concerning 11 measures to the slow the spread of COVID-19. This guidance advocated for far-reaching social 12 distancing measures, such as working from home, and avoiding shopping trips and gatherings of 13 more than 10 people. 14 26. During the length of his stay at THE SPRINGS AT PACIFIC REGENT, LA 15 JOLLA, and up to and including April 18, 2020, DECEDENT suffered severe personal injuries 16 as a direct result of the grossly inadequate care and treatment provided by defendants, and each 17 of them. Said injuries include his infection with COVID-19 and the complications therefrom, 18 which occurred during his stay at THE SPRINGS AT PACIFIC REGENT, LA JOLLA and 19 caused his death. 20 27. DEFENDANTS, and each of them, agreed to provide custodial care for 21 DECEDENT, and owed a duty to him of reasonable care. That duty was breached by the 22 conduct of the defendants and that breach caused physical and emotional pain and suffering to 23 DECEDENT, his untimely death, and emotional suffering to his heirs, including plaintiffs 24 JADIANNA HUGLE and MONICA HUGLE. 25 28. During the course of DECEDENT’s treatment at THE SPRINGS AT PACIFIC 26 REGENT, LA JOLLA, DEFENDANTS, and each of them, failed to protect DECEDENT from 27 infection from COVID-19, failed to isolate him from infected residents and/or staff so as to 28 prevent infection with the virus, and failed to implement reasonably prudent, known and K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 6 1 knowable safeguards to prevent the infection that ultimately occurred and caused his death, and 2 thereby failed to discharge their duty of ordinary care with respect to the treatment and care of 3 DECEDENT, as outlined more fully below. 4 29. As a proximate result of the conduct of DEFENDANTS, and each of them, as 5 alleged above, and by conduct not yet discovered or disclosed, plaintiffs herein have incurred 6 damages, in exact amounts to be determined at time of trial. 7 8 FIRST CAUSE OF ACTION (Negligence - Wrongful Death) Alleged Against All Named Defendants and Does 1-50 9 30. Plaintiffs incorporate herein by reference, as though fully set forth herein, the 10 11 allegations and facts contained in all of the forgoing paragraphs. 31. At all times mentioned herein, DEFENDANTS owned, operated and maintained the 12 custodial care facility known as THE SPRINGS AT PACIFIC REGENT, LA JOLLA in La 13 Jolla, California, County of San Diego, California, pursuant to a license issued by the California 14 Department of Health Services, Licensing and Certification and under supervision of state and 15 federal authorities. 16 32. In February 2020, DECEDENT, entered said facility for the purposes of custodial 17 care and treatment, including but not limited to, treatment and procedures as necessary, and 18 therapy including but not limited to speech therapy. At that time, defendants, and each of them, 19 undertook to provide DECEDENT with such custodial care and attendance, treatment and 20 therapy as he might require as a resident of the custodial care facility. As a result, 21 DEFENDANTS had a special relationship with DECEDENT and a duty to protect and exercise 22 reasonable care to prevent harm to him, and especially in light of notice that he was prone to 23 infection, injury and harm unless protective measures were taken, and upon notice of the 24 potential danger of infection from COVID-19. During the entire course of DECEDENT’s care 25 and treatment at the La Jolla facility, DEFENDANTS, and each of them, had exclusive control 26 and custody of DECEDENT’s person and all instrumentalities used in the course of his care, 27 treatment and therapy, and had exclusive control of health care workers and therapists with 28 whom he interacted, and of the premises where he was housed and treated. K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 7 1 33. Between the time of his admission in February 2020 and thereafter, while 2 DECEDENT was a resident of the La Jolla facility, DEFENDANTS, and each of them, 3 breached said duty of care by continuously, negligently and carelessly failing to adequately 4 attend to and protect DECEDENT’s health and safety, by such instances, acts and omissions 5 constituting custodial neglect including but not limited to, the failure to prevent him from 6 exposure to COVID-19, the failure to isolate him from potentially exposed patients, staff and 7 other residents, the failure to employ “social distancing” protocols, the failure to adequately test 8 and contact trace residents and staff for the disease, the failure to limit visitations from staff and 9 others who were potential carriers of the virus, the failure to employ adequate personal 10 protective equipment with respect to staff, visitors and other residents so as to prevent or lessen 11 the risk of infection, the failure to disinfect air and surfaces at the facility generally and in 12 DECEDENT’s living area in particular, the failure to otherwise maintain the premises and 13 ventilation systems therein in a manner to lessen the risk of infection, the failure to adequately 14 train staff, residents and other personnel working at the nursing facility with respect to the 15 dangers of COVID-19 and other infectious agents and the means to prevent infection therefrom, 16 the failure to suspend therapies and other activities that carry an unnecessary risk of virus 17 transmission, and the failure to timely mitigate the risk of spread once infections were known, 18 or should have been known, to have occurred among residents and/or staff, the failure to 19 adequately supervise staff to ensure that proper preventive measures were being undertaken to 20 prevent the spread of the virus, and the failure to warn residents and their families about the 21 presence of the virus on the premises. Further potential instances of negligence will be the 22 subject of discovery to be conducted in this action, and may include failure to timely diagnose 23 DECEDENT’s COVID-19, and failure to properly treat DECEDENT once he was diagnosed. 24 34. By the time DECEDENT was a resident of the La Jolla facility, DEFENDANTS, 25 and each of them, knew or should have known of the presence of COVID-19 in California and 26 elsewhere, of the risk of infection from COVID-19, of the means of transmission from droplets, 27 speech, surfaces and breath, and knew or should have known of the particular susceptibility of 28 persons of advanced age such as DECEDENT, and of the heightened risk of death from K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 8 1 complications of the disease among persons of his age, and among residents of nursing facilities 2 such as THE SPRINGS AT PACIFIC REGENT, LA JOLLA. 3 35. By the time DECEDENT was a resident of the La Jolla facility DEFENDANTS, 4 and each of them, knew or should have known of the necessity for protocols, including but not 5 limited to those listed above, for the prevention of COVID-19 infection among its residents, 6 staff and others, which protocols it failed to properly implement. 7 36. While DECEDENT was a resident of the La Jolla facility, DEFENDANTS, and 8 each of them, grossly, negligently and carelessly caused him to be exposed to and to contract 9 COVID-19, which ultimately caused his death. 10 37. As a direct and proximate result of the actions and conduct of DEFENDANTS 11 outlined herein, DECEDENT suffered the injuries, death and damages previously alleged, in 12 addition to loss of income, expenditures for medical treatment and other expenses that would 13 not have been necessary in the absence of DEFENDANTS’ actions, in an exact amount to be 14 determined at the time of trial. 15 38. As a direct and proximate result of the actions and conduct of DEFENDANTS as 16 outlined herein, JADIANNA HUGLE and MONICA HUGLE have been deprived of 17 DECEDENT’s love, care, comfort and society, and has sustained general damages therefrom in 18 an amount to be proven at trial. 19 39. DEFENDANTS, and each of them, and their officers, directors and managing 20 agents participated in, authorized, expressly and impliedly ratified, and had full knowledge of, 21 or should have known of, each of the acts and/or failures to act set forth herein. The herein- 22 described conduct of said DEFENDANTS, and each of them, was and is willful, malicious, 23 fraudulent, outrageous and in conscious disregard and indifference to the safety and health of 24 DECEDENT. Plaintiffs, for the sake of example and by way of punishing said 25 DEFENDANTS, seek punitive damages according to proof against each of the DEFENDANTS. 26 WHEREFORE, plaintiffs pray judgment as set forth below. 27 /// 28 /// K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 9 1 2 SECOND CAUSE OF ACTION (Negligence per Se - Wrongful Death) Alleged Against All Named Defendants and Does 1-50 3 40. Plaintiffs incorporate herein by reference, as though fully set forth herein, the 4 allegations and facts contained in all of the foregoing paragraphs. 5 41. While DECEDENT was a resident of the La Jolla facility, there were in effect 6 various statutes, regulations and executive orders relating to DEFENDANTS’ ownership, 7 operation and/or management of the La Jolla facility, including, but not limited to, Health & 8 Safety Code section 1599.1 and 1276.5, Title 22 California Code of Regulations sections 9 72311(a)(1)(A), 72311(a)(3)(B), 72311(b), 73319 and 72329, and 42 C.F.R. sections 483.10, 10 .12, .13, .15, and .25, and Executive Order N-33-20. 11 42. Plaintiffs are informed and believes and based thereon allege, that during the time 12 that DECEDENT was a resident of the La Jolla facility, DEFENDANTS, and each of them, 13 were in violation of said statutes, regulations and executive orders, including but not limited to 14 those enumerated above, by certain acts and omissions which include, but are not limited to, 15 those set forth above. 16 43. As a proximate result of said violation of statute, regulation and executive order by 17 DEFENDANTS, and each of them, DECEDENT contracted COVID-19 and died. 18 DECEDENT was within the class of persons the violated statutes, regulations and executive 19 orders were intended to protect, and the harm he suffered was of the type they were intended to 20 prevent. 21 44. As a direct and proximate result of the actions and conduct outlined herein, 22 DECEDENT and plaintiffs suffered the injuries, death and damages previously alleged. 23 WHEREFORE, plaintiffs pray for judgment as set forth below. 24 THIRD CAUSE OF ACTION (Elder Abuse) Alleged Against All Named Defendants and Does 1-50 25 26 45. Plaintiffs incorporate herein by reference as though set forth in full the allegations 27 in each of the foregoing paragraphs. 28 /// K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 10 1 2 46. DECEDENT was at all times herein over 65 years of age, and an “elder” within the meaning of Welfare and Institutions Code § 15610.27. 3 4 47. At all times herein, each of the DEFENDANTS had care or custody of DECEDENT. 5 48. By virtue of the foregoing, each of the DEFENDANTS committed neglect as 6 defined at Welfare and Institutions Code § 15610.57, in part by failing to protect DECEDENT 7 from health and safety hazards. 8 9 49. During the periods when DEFENDANTS, and each of them, had care or custody of the DECEDENT, they failed to take precautions to protect DECEDENT from infection by 10 COVID-19, and as a direct and proximate result thereof he was infected with the virus, and he 11 died of complications therefrom. 12 50. Plaintiffs are informed and believe, and thereon allege, that during and before the 13 period when DEFENDANTS had care and custody of the DECEDENT, DEFENDANTS 14 engaged in a pattern and practice of knowingly and recklessly under-staffing to cut costs, in 15 knowing violation of regulation and statute, including but not limited to California Health and 16 Safety Code section 1276.5 and Title 22 California code of regulations sections 73319 and 17 72329. 18 51. Said knowing and reckless under-staffing caused the failure to adequately address 19 the threat of COVID-19, and caused DECEDENT to contract the disease. In particular, it 20 resulted in failures, including but not limited to: failure to adequately staff the La Jolla facility 21 with health care providers trained or skilled in recognizing, responding to or otherwise 22 addressing patient protection from airborne or surface viral contamination within the facility, as 23 well from patient to patient, including use of preventive measures such as patient reassignment 24 of physical relocation, inpatient density limitations, assignments, isolation of patients with 25 COVID-19, outfitting patients and staff with protective clothing and equipment, respiratory 26 protection, testing and monitoring; failure to adequately respond and provide protection to the 27 decedent from virus within the facility once COVID-19 was discovered there among its patient 28 population and in DECEDENT’s assigned roommate; failure to care and treat COVID-19 K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 11 1 patients once diagnosed so as to control and isolate the virus and prevent infection of other 2 patients such as DECEDENT. 3 52. By virtue of the foregoing, DEFENDANTS acted in conscious disregard of the 4 probability of DECEDENT’s injury and death. DEFENDANTS’ acts and omissions were 5 despicable and it subjected DECEDENT to cruel and unjust hardship in conscious disregard of 6 his rights and safety. By virtue thereof, DEFENDANTS have acted with recklessness, 7 oppression and malice, and punitive damages should be assessed against DEFENDANTS, and 8 each of them, in a sum according to proof at trial. 9 53. DEFENDANTS’ conduct described herein was undertaken by DEFENDANTS’ 10 officers or managing agents. Said DEFENDANTS further had advance knowledge of the 11 actions and conduct of said individual officers and/or managing agents whose actions and 12 conduct were ratified, authorized and approved, whose precise identities are unknown to 13 plaintiffs at this time and are therefore identified and designated herein as DOES 1 through 100. 14 54. By virtue of the aforesaid, plaintiffs are entitled to damages as set forth above and 15 subject to proof at trial, as well as to attorneys fees as authorized by Welfare and Institutions 16 Code § 15657, and to general damages for DECEDENT’s pre-death pain and suffering. 17 FOURTH CAUSE OF ACTION (Unfair Business Practices – Civil Code § 1750 et Seq.) Alleged Against All Named Defendants and Does 1-50 18 19 20 21 22 55. Plaintiffs replead and reallege the allegations contained in each of the foregoing paragraphs, and incorporate the same by reference as if set forth in full and verbatim. 56. The services provided by DEFENDANTS herein are of the type governed by Civil Code, Section 1750, et seq. 23 57. DEFENDANTS made the representations that the services provided by said 24 DEFENDANTS pertaining to care and treatment of elderly patients such as DECEDENT were 25 of the highest standard and quality, when if fact, said DEFENDANTS had no reasonable basis 26 for believing such was true. In actuality, the services provided by DEFENDANTS with respect 27 to care and treatment of elderly and infirm patients such as DECEDENT were not as 28 represented, as heretofore alleged, all in violation of Civil Code, Section 1770. K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 12 1 58. The aforementioned conduct of DEFENDANTS was part and parcel of a business 2 practice of DEFENDANTS, and each of them, whereby said DEFENDANTS promoted profit at 3 the expense of their legal obligations to plaintiffs and/or DECEDENT. Said practice constitutes 4 an unfair and fraudulent business practice within the meaning of Civil Code, Section 1750, et 5 seq. 6 7 8 9 59. Said conduct and business practices of DEFENDANTS proximately caused damage and injury to DECEDENT and to plaintiffs as heretofore alleged. 60. Unless DEFENDANTS, and each of them, are enjoined and/or restrained from the aforementioned business practice, plaintiffs, and/or other similarly situated persons, will 10 continue to suffer damage and/or injury, and DEFENDANT will continue to profit from said 11 unlawful conduct. DEFENDANTS, and each of them, have made profits from DECEDENT 12 and other similarly situated persons, and should be required to disgorge the same. Said 13 DEFENDANTS should be enjoined pursuant to Civil Code, Section 1780(a)(2). 14 61. The above-described conduct of DEFENDANTS, and each of them, was despicable, 15 reckless conduct and was in conscious disregard of the rights and safety of others. DECEDENT 16 was a senior citizen as defined in Civil Code, Section 1761, and, thus, plaintiffs seek an award 17 of $5,000.00 under the provisions of Civil Code, Section 1780(b). Such award is likewise 18 subject to treble damages under Civil Code, Section 3345. 19 62. As a result of the acts and/or conduct of DEFENDANT, and each of them, plaintiffs 20 and/or DECEDENT have been forced to incur, and will continue to incur, attorneys fees and 21 costs, which are recoverable pursuant to Civil Code, Section 1780(d). 22 23 WHEREFORE, plaintiffs pray for judgment against DEFENDANTS, and each of them, as follows: 24 1. For general damages according to proof. 25 2. For special damages according to proof. 26 3. For medical and related expenses according to proof. 27 4. For plaintiffs’ reasonable expenses, including attorneys fees, according to proof. 28 5. For interest as allowed by law and plaintiffs’ costs of suit herein. K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 13 1 2 6. A preliminary and permanent restraining order enjoining DEFENDANTS, and each of them, from engaging in the business practices alleged herein. 3 7. For punitive damages according to proof. 4 8. For treble damages according to proof. 5 9. For such other and further relief as the court seems just and proper. 6 Dated: May 29, 2020 BRAYTON˜PURCELL LLP 7 8 By: A Steven J. Patti Attorneys for Plaintiffs 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 K:\Injured\107233\GENERAL CIVIL\PLD\cmp.wpd COMPLAINT 14