2533 1 THE WITNESS: Um, no. They have to have some 2 familiarity with the product or service, um, you know. 3 can learn that but you would need to have some familiarity 4 of it. 5 THE COURT: 6 MS. CLEMENT: 7 THE COURT: 8 MR. REID: 9 THE COURT: 10 You Do you wish to follow-up, Ms. Clement? No, your Honor. Mr. Reid, do you wish to follow-up? No more questions, your Honor. All right. May we excuse this witness at this time? 11 MS. CLEMENT: 12 MR. REID: 13 THE COURT: 14 THE WITNESS: 15 THE COURT: 16 MS. CLEMENT: 17 THE COURT: Yes, we may. Yes, your Honor. Thank you very much. You're excused. Thank you. Who is our next witness? Melissa Gratiot. Good afternoon, Ms. Gratiot. If you would 18 please come forward to our witness stand, which is up here. 19 And when you get there, put your water bottle down on the 20 stand, raise your right hand, and face the clerk. 21 THE CLERK: Do you solemnly swear that the testimony 22 you are about to give in the cause now pending before this 23 Court will be the truth, the whole truth, and nothing but 24 the truth? 25 THE WITNESS: Yes. 26 THE CLERK: 27 Can you state your name and spell it for the record? 28 THE WITNESS: You may have a seat. Melissa Gratiot, G-r-a-t-i-o-t, and the SACRAMENTO OFFICIAL COURT REPORTERS 2533 2534 1 first name is M-e-l-i-s-s-a. 2 THE CLERK: 3 MS. CLEMENT: Thank you. Thank you, your Honor. 4 TESTIMONY OF 5 MELISSA GRATIOT, Witness called on behalf of the Plaintiffs, 6 DIRECT EXAMINATION 7 By LESLEY A. CLEMENT, Attorney at Law, Counsel on behalf of 8 the Plaintiffs: 9 Q Ms. Gratiot, can you please tell the jurors how you 10 came to be, um, an employee of Emeritus? 11 A 12 so I applied for the position and interviewed and was hired 13 to be their community relations director. 14 Q 15 director, is that the person who is, um, the sales and 16 marketing person for the individual building? 17 A Yes. 18 Q And can you tell the jurors what time frame that you 19 worked for Emeritus? 20 A 21 employment ran through April of '09. 22 Q And what facility did you work in? 23 A Emerald Hills in Auburn. 24 Q Did you work at any other Emeritus facilities? 25 A No. 26 Q And prior to working at Emerald Hills had you ever 27 worked in long-term care before? 28 A I found an ad in the paper, in the Auburn Journal, and And can you tell the jurors is the community relations I started Emeritus in mid-July of '08, and my No. SACRAMENTO OFFICIAL COURT REPORTERS 2534 2535 1 Q When you first started with Emerald Hills did you, um, 2 get training on Title 22 as to what type of residents could 3 be admitted to the facility? 4 A No. 5 Q When you first saw the ad in the paper in the Auburn 6 Journal about this job opportunity, did you do any research? 7 A Yes, I did. 8 Q And can you tell the jurors what kind of research you 9 did? 10 A I researched the company on the Internet to see what 11 kind of company Emeritus was, and then I did drilled down to 12 read about Emerald Hills and the history of the company. 13 Q 14 with -- did you -- strike that. 15 Sorry, your Honor. 16 Did you, um, go to the Emeritus Web site? And, um, on the Internet what was your impression 17 A Yes. 18 Q And what was your impression of the company based upon 19 what you read on the Emeritus Web site? 20 A 21 seniors, and it seemed like they were in line with the 22 values that I had of, you know, taking care of our seniors. 23 It looked like a company that I would be really excited to 24 work for. 25 Q Did you go to the facility, um, for an interview? 26 A Yes. 27 Q And who interviewed you? 28 A Nancy Cordova. It seemed like a company that really cared for the SACRAMENTO OFFICIAL COURT REPORTERS 2535 2536 1 Q And, Ms. Cordova, what was your experience with her 2 when you interviewed with her? 3 A 4 excited to be working for the company. 5 made me excited to be a possible candidate to work with her. 6 And I was very excited. 7 Q Okay. 8 A Yes. 9 Q And it just didn't have anything to do with long-term Well, she was very pleasant, and she seemed very And her enthusiasm And, um, you had prior sales experience? 10 care; true? 11 A No. 12 Q Is that true? 13 A That's true. 14 Q That is all right. 15 did you ask her anything about what her expectations were or 16 what Emeritus' expectations were of you in that position? 17 A 18 get them to move into the building, um, if it was a good 19 fit. 20 Sorry. So when you spoke with Ms. Cordova Um, to do tours, to sit with the families, you know, And my expectations were to be -- to move in -- make a 21 quota of approximately four to five move-ins a month. 22 Q And move-ins, that would be a new resident? 23 A Yes. 24 Q An elder? 25 A Yes. 26 Q And was that who lived at the facility, elder 27 residents? 28 A Yes. SACRAMENTO OFFICIAL COURT REPORTERS 2536 2537 1 Q And did you have any responsibilities with regard to 2 relationship building outside of the facility? 3 A 4 hospitals or fellow retirement communities and nursing homes 5 to, you know, in the event a resident or -- excuse me -- a 6 patient needed assistance from transferring from their home 7 to a retirement community, to build that relationship to 8 hope that they would use Emerald Hills. 9 Q Yes, I did. I -- I was expected to work with the So did you see discharge planners at the hospitals and 10 in nursing homes? 11 A Yes. 12 Q So over the ten months that you worked at Emerald 13 Hills, can you tell us, um, how many regional directors of 14 sales and marketing did you have that you reported to? 15 A I believe there was three in the time I was there. 16 Q And can you tell the jurors -- do you remember who 17 those people were? 18 A 19 The second regional director was, um, I believe it was 20 Shamim Wu. 21 Q 22 one? 23 A No. 24 Q Was it your understanding that she was covering both 25 regions? 26 A Yes. 27 Q And who was the vice president of sales and marketing 28 while you worked at Emeritus? My -- the first regional director was Melissa Malek. And then the third was Liz Breen (phonetic). Now, was, um, Shamim Wu, was she exclusive to region She was actually in southern California. SACRAMENTO OFFICIAL COURT REPORTERS 2537 2538 1 A Angela Neale. 2 Q And then you had, um, you had, um, executive directors 3 too, correct? 4 A I did. 5 Q And Nancy was the first? 6 A Nancy was the first. 7 Q And then who did you have after that? 8 A Rich Lee. 9 Q Okay. And, um, did you ever have any temporary 10 executive directors while, um, the position was vacant or 11 while something was happening before the position would be 12 filled? 13 A 14 the executive directors from another community came to 15 manage the building while we were looking for another 16 replacement. 17 Q And was that person Davina Barker? 18 A Yes. 19 Q And was she in the building full-time? 20 A No. 21 Q She had her own building? 22 A She had a building. 23 Q Was that Hazel Creek? 24 A Yes. 25 Q And then Rich Lee. 26 you -- did you learn from him whether he had any experience 27 in, um, long-term care? 28 A When Nancy was no longer with the company one of Hers was in Orangevale. Um, when they hired Rich Lee did Um, he did not. SACRAMENTO OFFICIAL COURT REPORTERS 2538 2539 1 Q What was your understanding if he had -- did he have 2 an administrator's license when he started? 3 A No. 4 Q What was your understanding of what Mr. Rich Lee's 5 background was? 6 A 7 sell boats. 8 Q 9 got his license? Um, I -- my understanding was that he was in sales to And what was your understanding of, um, when Mr. Lee 10 A During the -- his employment at the very beginning, 11 while Davina was working at our building. 12 Q 13 when you worked there? 14 A Ronda Castleberg. 15 Q Did you have any other RDO besides Ronda Castleberg? 16 A I don't think so. 17 Q And um, what about nurses. 18 there a nurse there in the ten months that you worked there? 19 A Um, yes. 20 Q And who was that? 21 A Peggy Stevenson. 22 Q And after, um, a while did Peggy leave? 23 A Yes. 24 Q And, um, did you get a nurse after that? 25 A Um, we didn't get a nurse. 26 coordinator. 27 Q And who was that? 28 A Kim Moes. And who was your, um, regional director of operations When you first started was We had a -- a wellness SACRAMENTO OFFICIAL COURT REPORTERS 2539 2540 1 Q And what was your understanding of what her licensure 2 was? 3 A I -- I -- I knew she wasn't a nurse. 4 Q Did you understand that she came from another facility 5 as a caregiver, med tech? 6 A 7 facility, but I just -- I wasn't quite -- I don't quite 8 remember what she was. 9 Q Um, I believe -- I know she came from another Okay. And the collaborative team management approach, 10 you were familiar with that from Emeritus? 11 A Yes. 12 Q And the collaborative team when you first started was 13 Nancy, yourself, and Peggy? 14 A Correct. 15 Q And what training did you receive from Emeritus? 16 A For my position? 17 Q Yes. 18 A Sales training. 19 Q Was there a focus of the training, any kind of 20 campaigns they were doing while you were there? 21 A 22 overcome barriers. 23 campaigns was named "No barriers to sales", um, coming, you 24 know -- coaching to overcome objections from family members. 25 Q 26 building that were training sessions? 27 A Yes, I did. 28 Q And can you tell the jurors what meetings you attended There -- a lot of -- most of it was basically to Um, so one of the -- one of the Did you attend any, um, meetings, um, outside of the SACRAMENTO OFFICIAL COURT REPORTERS 2540 2541 1 outside of the building? 2 A 3 California, and the other two-day meeting was in Tracy. 4 Q 5 company-wide meeting? 6 A 7 was just for all of the community relations directors and 8 the sales and marketing team. 9 Q I -- I attended a two-day meeting in southern Okay. And the southern California meeting, was that a I believe that wasn't the company-wide meeting. Okay. That And was there anyone from corporate at that, 10 um, southern California sales and marketing meeting you went 11 to? 12 A The vice president of sales and marketing was there. 13 Q Angela Neale? 14 A Yes. 15 Q And what was the focus of the meeting that you 16 attended with Angela Neale? 17 A 18 being trained to, again, understand any objections from the 19 families, um, to get any sale we can to fill the building, 20 um, any training on any kind of objections we would get, um, 21 just the same kind of sales and training meetings that I got 22 at the -- at both of -- at northern California and southern 23 California. 24 Q 25 training sessions that you felt about getting money from the 26 residents to close the deal? 27 A Yes. 28 Q And can you describe for the jurors what that was Um, sales and marketing, um, making sure that we were Okay. Was there any pressure put on you, um, in these There was a lot of pressure. SACRAMENTO OFFICIAL COURT REPORTERS 2541 2542 1 about? 2 A 3 with the family, you know, it's -- sometimes it takes more 4 than one visit for a family to commit to move in, and the 5 pressure that was coming from my management staff was to 6 collect a check, to get that commitment for the move-in 7 before they left. 8 Q 9 the collaborative team at Emeritus Emerald Hills? Well, initially when a potential resident comes in Did you attend stand-up meetings in your -- as part of 10 A 11 morning. 12 13 Yes. The meetings were held in my office every MS. CLEMENT: marked some exhibits for us. 14 THE COURT: 15 MS. CLEMENT: 16 THE COURT: 17 Excuse me, your Honor, I think Alicia Okay. I haven't seen them. Let me ask, Terrance, do you know if Alicia put any exhibits in the binders earlier? 18 COURT ATTENDANT: 19 THE COURT: 20 MS. CLEMENT: 22 THE COURT: 23 MS. CLEMENT: THE COURT: 26 MS. CLEMENT: 28 Why don't you check and see? Wait. Don't Okay. It doesn't have Exhibit 280. They may already be in the binder. There is nothing in the folder except for the Plaintiff and Defense copy. 25 27 I think she did. walk away with that from her desk. 21 24 I may already have them. You don't understand what I'm saying. Oh, I got you now. Wait to check the binder? THE COURT: Correct. SACRAMENTO OFFICIAL COURT REPORTERS 2542 2543 1 2 MS. CLEMENT: there? 3 Okay. Should I go check the one up Terrance is doing it. THE COURT: I think Terrance is doing it. 4 put some in mine already. 5 MS. CLEMENT: 6 280, sir. 7 COURT ATTENDANT: 8 MS. CLEMENT: 9 THE COURT: I know she Oh, you do? Okay. You don't have 280 in here. You don't? Alicia, could you come in, please? 10 COURT ATTENDANT: 11 MS. CLEMENT: 12 THE COURT: 13 I have it. 281. Do you have it, Judge? I have it. Apparently the 280 one with the sticker on it. 14 THE CLERK: They are all right here. 15 THE COURT: Do the rest of those need to go in the 16 binder as well? 17 18 THE CLERK: Yes, Judge. And yours are all in your binder. 19 THE COURT: 20 MR. REID: 21 Here is 280. Thank you. I think there is one we didn't get, your Honor. 22 THE COURT: 23 MR. REID: Which one didn't you get? I have 280 -- well, I was just handed 280 24 and 288. 25 (Joint Exhibits 280 and 288 were marked for identification.) 26 MS. CLEMENT: 27 didn't use them. 28 Q These were for the other witness, but we (By MS. CLEMENT) 280, do you have that in front of SACRAMENTO OFFICIAL COURT REPORTERS 2543 2544 1 you? 2 A I do. 3 Q And can you tell us what Exhibit 280 is? 4 A 280 is the flash meeting minutes and it's the form 5 that we filled out every morning when we did our -- our 6 stand-up meeting. 7 Q 8 um, at Emeritus in, um, 2008? 9 A 10 11 And is this the form that you utilized when you were, Yes, I believe so. MS. CLEMENT: And at this time, your Honor, Plaintiffs would seek to move into evidence Exhibit 280. 12 THE COURT: Is there any objection? 13 MR. REID: 14 THE COURT: 15 (Joint Exhibit 280 was admitted into evidence.) 16 MS. CLEMENT: No, your Honor. 280 is admitted. Terrance. 17 Q (By MS. CLEMENT) Okay. Can you take us through this 18 document and tell us what -- who would lead the stand-up 19 meetings? 20 A 21 we go down we -- I received input from the other staff 22 members where it was pertinent. 23 Q Okay. 24 A About 9:15. 25 Q And where would the meeting be held? 26 A In my office. 27 Q And, um, was there anything, um, any kind of a board 28 or anything you utilized in your office to assist in the I would -- I would lead the stand-up meetings, and as So, um, when -- when would the meetings start? SACRAMENTO OFFICIAL COURT REPORTERS 2544 2545 1 meeting, other than this flash meeting minutes? 2 A 3 curtain so that, you know, perspective residents didn't see 4 that because it was for our marketing, um, and we used it to 5 move leads through cold leads to warm leads to hot leads to 6 move-in. 7 Q 8 move-ins, apartment numbers, private, semi, and level of 9 care. Yes. Okay. I had a white board in my office behind a And so take us through the top of this, What is this about? 10 A The first part of it is the move-ins that we were 11 going to be having -- I haven't seen this in a long time. 12 The move-ins that we were going to be having for that month, 13 what apartment number we would assign them to, and then if 14 it was going to be a private room or semi-private, and then 15 what level of care the perspective resident was going to 16 need. 17 Q And what were units? 18 A The apartments that were ready. 19 Q Okay. 20 two units? 21 A Two potential residents together? 22 Q Well, it's -- it's been -- it's been a confusing topic 23 so we have heard a lot of questions about it and I thought 24 you might be able to answer it. 25 A Okay. 26 Q Units, does that refer to both -- can you tell us what 27 that means? 28 A And could there be, um, a single apartment with A unit is -SACRAMENTO OFFICIAL COURT REPORTERS 2545 2546 1 MR. REID: It's asked and answered, your Honor. 2 said what a unit was. 3 THE COURT: 4 THE WITNESS: She It was -- She can respond. The available units -- where -- where it 5 says "available units", that was an apartment. 6 "rent ready units" was the apartments that were ready. 7 Q 8 more than one bed per resident in it? 9 A There could be, yes. 10 Q And would those beds be called an individual unit or a 11 half a unit? 12 A It would be called a half a unit. 13 Q Okay. 14 be one unit and if it had two beds it would be a half a unit 15 and a half a unit? 16 A I believe so. 17 Q Okay. 18 There is a little thing in there about respite stay. 19 Erik. 20 (By MS. CLEMENT) And then the And were there apartments that had So if the apartment just had one bed it would And -- okay. Next. Oh, you went too far. Sorry, Can you -- do you see that "respite stays", what was 21 that all about? 22 A 23 for potential residents. 24 family was going on vacation, they had no one to take care 25 of their loved one, they could come stay at Emerald Hills. 26 Or if a potential resident wasn't quite committing, we could 27 let them come and stay, just to try it out. 28 a temporary available apartment. Respite stay was a room that we had that was furnished If they needed -- let's say the So it was just SACRAMENTO OFFICIAL COURT REPORTERS 2546 2547 1 Q 2 to sell as well? 3 A Yes. 4 Q Can you take this down now, Erik? 5 Okay. And, um, was that something you were supposed Thank you. Move-outs and discharges, was this part of the daily, 6 um, stand-up meeting? 7 A Yes, it was. 8 Q And what was the emphasis as it related to move-outs? 9 A Well, we would meet to find out if there was residents 10 that were potentially on the list to be moved out and to 11 find out why and if there was any way -- if there was 12 anything that we could do to change their mind unless they 13 needed an extra level of care, but to discuss what the 14 move-out was about. 15 Q 16 you have -- based upon your experience in the stand-up 17 meetings, did you hear, um, Peggy and Nancy talk about using 18 Hospice as a means of keeping residents in the facility so 19 they wouldn't -- so they could "close the back door"? 20 A Oh, yes. 21 Q And then down here it's, um, "deposits". 22 about? 23 A 24 committing to move in, to put a deposit to hold whatever 25 apartment they wanted. 26 a couple of different options, if they wanted to go, you 27 know, what side of the building. 28 it was available, let them pick what apartment they would Okay. And on that topic of extra level of care, did What's that Residents that were not moved in yet but were You know, I would usually give them So I would sometimes, if SACRAMENTO OFFICIAL COURT REPORTERS 2547 2548 1 want. 2 Q 3 Okay. Erik. And then the -- what's this next section about, 4 "potential resident"? 5 A 6 moving in. 7 they would be considered hot on the white board. 8 know, we would list their family member's name, any comments 9 that we would have, and then any next steps that we would Again, residents that were going to be potentially Maybe they haven't quite committed to us yet but And, you 10 take to try to get them to commit to moving in to the 11 community. 12 Q And what's the "royal treatment" in reference to? 13 A How do I put this? 14 that we could do. 15 or buying -- having them come in for a special lunch or just 16 something that, you know, that we knew that the resident had 17 an interest in. Let's say a resident, let's say, wanted -- 18 enjoyed bingo. We would invite them in for a game of bingo. 19 Just something to show them that we are taking an interest. 20 Q 21 gifts and things for hot leads? 22 A Yes. 23 Q Now, "resident care log for move-out/CARE alert", what 24 was that about? 25 A 26 would use to talk about residents that were going to be 27 moving out. 28 meant, if that was an acronym or not, but why we are losing It was just an extra something It could be sending a bouquet of flowers Did you have a budget for, um, buying flowers and This is -- this was the area that the nurse Peggy I don't remember what the acronym for CARE SACRAMENTO OFFICIAL COURT REPORTERS 2548 2549 1 a resident, what was wrong. 2 Q 3 4 Okay. Thank you, Terrance. THE COURT: Okay. I think we are going to stop now and take our afternoon break. 5 MS. CLEMENT: 6 THE COURT: Okay. Ladies and gentlemen, leave your notebooks 7 on the chairs. 8 ready to go, um, at 3:30. 9 10 Remember the admonitions. Let's be back And I am going to need you back on the stand at 3:30, okay? 11 THE WITNESS: 12 THE COURT: 13 Okay. 14 MS. CLEMENT: Uh-huh. All right. Thank you. We are in recess. Thank you, Judge. 15 (Recess.) 16 (Court Reporter switch.) 17 ---oOo--- 18 19 20 21 22 23 24 25 26 27 28 SACRAMENTO OFFICIAL COURT REPORTERS 2549 2550 1 2 (The following proceedings were then had in open court, in the presence of the jury.) 3 THE COURT ATTENDANT: 4 is again in session. 5 Come to order. Department 45 presiding. 6 The Honorable Judge Judy Hersher You may be seated. 7 Q. 8 288. 9 (By MS. CLEMENT) Can you look at Exhibit Number Do you see that? 10 A. Mm-hmm. 11 Q. Is that "yes"? 12 A. I'm sorry. Yes. 13 Q. It's okay. Everybody does it. 14 You have to say out loud "yes." Yes. And is this -- "Exploring Economic and Holiday 15 Objections," is this a sales tool that Emeritus provided 16 you in your job? 17 A. 18 Yes, it was. MS. CLEMENT: At this time, your Honor -- 19 Q. 20 you first started working for the company? 21 A. 22 23 (By MS. CLEMENT) And this was provided to you when Yes. MS. CLEMENT: At this time, your Honor, the plaintiffs would seek to move into evidence Exhibit 288. 24 THE COURT: Any objection? 25 MR. REID: No, your Honor. 26 THE COURT: 27 (Joint Exhibit Number 288 was received into 28 288 is admitted. evidence.) MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2550 2551 1 Q. (By MS. CLEMENT) And was the purpose to your 2 understanding of this sales tool to help you overcome 3 families' objections? 4 A. Yes. 5 Q. And this "Safely Somewhere," that was to -- that was 6 a marketing slogan from Emeritus? 7 A. Yes, it was. 8 Q. Okay. 9 objections families can have, and it gave you suggestions And this two-page document lists out common 10 on how to overcome them, true? 11 A. True. Yes. 12 Q. Okay. So one of them would be the current economy 13 is so bad, it just seems risky right now. 14 A. Yes. 15 Q. And then they gave you a lot of different things to 16 -- of how to deal with that, true? 17 A. 18 True? Yes. MS. CLEMENT: Next, Erik. 19 Q. 20 it says: 21 want to ask them, What was the reason that brought you 22 through our doors? 23 falls, etcetera? 24 was that initially prompted them to seek out assisted 25 living. 26 (By MS. CLEMENT) And then also on the first page, When the family's giving you some pushback, you Was it medication concerns, multiple Remind the customer what urgent risk it Is that what you were trained on? 27 A. Yes, I was. 28 Q. And when you went to those sales training meetings, MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2551 2552 1 were you trained that there -- you had to create a sense of 2 urgency in the families? 3 A. 4 Yes, I was. MS. CLEMENT: Okay. Erik, can you go to the next 5 section. This is on the second page. 6 Q. 7 about cost increases and how to talk to family members 8 about there's -- why there's an annual rate increase, true? 9 A. Yes. 10 Q. And why the annual rate increase would be higher 11 than the cost of living increases that people are used to 12 seeing in the paper and things like that, true? 13 A. Yes. 14 Q. And so Emeritus told you to tell family members when 15 they were balking at these rate increases that cost of 16 living increases don't factor in the costs associated with 17 being a regulated industry which must meet specific labor 18 and care standards, true? 19 A. True. 20 Q. And at Emeritus, we're committed to keeping the 21 promise to you that we made when you moved in, that we will 22 take care of you or your loved one to the best of our 23 abilities. 24 A. Yes. 25 Q. And this is what they told you to tell families who 26 would come back to you after they'd moved in and were 27 concerned about the rate increases and maybe wanted to 28 move out; is that right? (By MS. CLEMENT) And at the bottom, this was all Yes. True? MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2552 2553 1 A. That's correct. 2 Q. And Emeritus told you to tell these families that 3 this promise means we provide a higher standard of care, 4 true? 5 A. True. 6 MS. CLEMENT: 7 Thank you, Terrance. 8 THE COURT ATTENDANT: 9 Q. Thank you, Erik. (By MS. CLEMENT) Oh you're welcome. Okay. When you -- you remember 10 Joan Boice? 11 A. Yes, I do. 12 Q. Do you remember Maggie Boyce, too? 13 A. I do. 14 Q. And were Joan and Maggie Boyce some of your first 15 sales? 16 A. 17 first -- my first sale. 18 Q. 19 the top right. 20 you get rid of this other document. 21 A. Can I just leave this right here? 22 Q. You can just leave that right there. Yes, they were. Joan -- I believe Joan was my And can you look at Exhibit 178. It's up there on You can just pull that down. 23 And Exhibit 178, pages 7 through 14. 24 Are you familiar with those documents? 25 documents that you created, at least in part? 26 A. And I'll help 27 28 Are those Yes, I am. (Joint Exhibit Number 178, pages 7 through 14, was marked for identification.) MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2553 2554 1 MS. CLEMENT: Your Honor, at this time the 2 plaintiffs would seek to move into evidence Exhibit 178, 3 pages 7 through 14 only. 4 MR. REID: 5 THE COURT: 6 All right. On Exhibit 178 then, pages 7 through 14 only are admitted. 7 8 No objection, your Honor. (Joint Exhibit Number 178, pages 7 through 14, was received into evidence.) 9 MS. CLEMENT: Thank you, Judge. 10 Q. (By MS. CLEMENT) 11 document that you would use when you would have a new lead? 12 A. Yes, it is. 13 Q. And this is a lead about Mrs. Boice? 14 A. Yes. 15 Q. And her husband, Myron? 16 A. Yes, it is. 17 Q. And do you remember Myron, too? 18 A. I do. 19 Q. And did you first receive a call in July of -- 29th 20 of 2008 from Eric Boice? 21 A. Yes, I did. 22 Q. And did he tell you that -- anything about his mom 23 and dad and about potentially coming to the facility? 24 A. 25 learned about who his parents were and what was important 26 to them. 27 Q. 28 brother a follow-up meeting? He did. Now, Exhibit 178, is this your And I wrote some things on the form as I And did you schedule with Mr. Eric Boice and his MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2554 2555 1 A. Yes, I did. 2 Q. And at that follow-up meeting, did you give them a 3 tour of the building? 4 A. I did. 5 Q. And at that follow-up meeting, did you provide 6 brochures to them? 7 A. I did. 8 Q. And could you turn around and grab that other binder 9 that's open. 10 And starting with the first brochure there, Exhibit 11 Number 6, are you familiar with this brochure? 12 A. 13 Yes, I am. (Joint Exhibit Number 6 was marked for 14 identification.) 15 Q. 16 you gave to Eric and Mark Boice when they came for their 17 tour? 18 A. Yes, I did. 19 Q. And can you look at Exhibit Number 7. 20 (By MS. CLEMENT) Was this one of the brochures that (Joint Exhibit Number 7 was marked for 21 identification.) 22 Q. 23 Emeritus at Emerald Hills that you provided to the -- Mark 24 and Eric Boice? 25 A. Yes, I did. 26 Q. And how about Exhibit 8? 27 that you provided to Mark and Eric Boice? 28 A. (By MS. CLEMENT) I did. Is Exhibit 7 also a brochure about Is that also a brochure These were all brochures that were in the MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2555 2556 1 brochure packet that went to prospective residents and 2 their families. 3 4 (Joint Exhibit Number 8 was marked for identification.) 5 MS. CLEMENT: Okay. At this time, your Honor, 6 plaintiffs would seek to move into evidence Exhibits 6 7 through 8. 8 MR. REID: 9 THE COURT: 10 No objection, your Honor. Six through eight are admitted. (Joint Exhibit Numbers 6, 7 and 8 were received into 11 evidence.) 12 Q. 13 Exhibit Number 178. 14 just set that up here. 15 16 Okay. Now, let's just go back to And we can put this back up. I'll That's okay. Is there an e-mail in Exhibit 178, dated August 19th, 2008? 17 18 (By MS. CLEMENT) THE COURT: Do you want to give her a page number to look at, please. 19 MS. CLEMENT: Yes. 20 THE WITNESS: I think I found it. 21 Q. (By MS. CLEMENT) 22 that is on the bottom. 23 A. 178, dash, 013. 24 Q. Yeah. 25 A. Is that -- okay. 26 Yeah. that's in there. 27 MS. CLEMENT: 28 THE COURT: Can you tell us what page number I think that's the only e-mail It's page 13, your Honor. Okay. Thank you. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2556 2557 1 MS. CLEMENT: Thank you. Sorry. Mine doesn't have 2 a page number on it. 3 Q. 4 to Eric Boice? 5 A. Yes, it is. 6 Q. And did you copy Nancy Cordova, your ED, and also 7 Melissa Malek, the -- your Regional Director of Sales and 8 Marketing? 9 A. Yes, I did. 10 Q. And did someone help you put this e-mail together? 11 A. Yes, I had help. 12 Q. And who helped you put this together? 13 A. Nancy and Melissa, because I was so new. 14 Q. Okay. 15 that you worked really hard to get a phenomenal deal, and 16 you're asking him to meet you with a small amount of 17 compromise? 18 A. Did I personally or... 19 Q. Is that what the e-mail says? 20 A. That's what the e-mail says. 21 Q. Was that your language? 22 A. That was not my language. 23 Q. Okay. 24 letting Eric know about what the current -- what they were 25 currently paying at The Palms? 26 A. That was included in the e-mail. 27 Q. Okay. 28 A. Yes. (By MS. CLEMENT) And is this a e-mail that you sent And did you tell Eric Boice in your e-mail And then did you also provide a spreadsheet, And that was an attachment? MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2557 2558 1 Q. And then also showed them what they were also 2 looking at, Merrill Gardens, or The Gardens, as another 3 option? 4 A. That's correct. 5 Q. And then also a proposed situation at Emerald Hills? 6 A. Yes. 7 Q. And so did someone help you put that together as 8 well? 9 A. Yes, they did. 10 Q. Now, when you toured Eric and Mark through the 11 facility, was Myron also with them? 12 A. 13 with Eric and his -- I think it was his brother. 14 believe he was with them. 15 Q. 16 to the facility? 17 A. 18 time. 19 Q. Okay. 20 A. I think I was new. 21 Q. Okay. 22 when you toured the facility, can you tell the jurors what 23 type of things you told them about what services 24 Emerald Hills would be providing. 25 A. 26 them both the assisted living side and the memory care 27 side, they had questions about, you know, what kind of care 28 the mother would receive. I don't think when -- I don't recall when I toured Okay. I don't And had you previously met Myron when he came I don't think I -- I don't think I was there at the And so in your meeting with Eric and Mark Well, as we walked through the community to show And Mr. Boice -- Myron was very MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2558 2559 1 independent, so what kind of activities would be available 2 to him. 3 of social schedule they have. 4 have? 5 was important to the parents, to make sure it was a good 6 fit. 7 Q. 8 to tell family members, that there was a full-time nurse 9 available in the facility? Being taken to doctors' appointments. Is the food good? What kind What kind of food do they And just things that looked like And was one of the talking points that you were told 10 A. Yes. 11 Q. And is that something that you were told to say, 12 that there was a licensed nurse on staff full time, to both 13 monitor and coordinate the care needs of their mother? 14 A. 15 was one of the talking points that we had. 16 Q. And if you look on page ten of Exhibit Number 178 -- 17 A. Yeah. 18 Q. Yeah. 19 Yes. And that was in the brochures, I'm sure. That That's one of the talking points. Does it indicate there that a licensed nurse would 20 be on staff to monitor and coordinate care needs? 21 A. Yes, there is. 22 Q. And did you also let them know that there was this 23 activities-focused program at Emeritus in the Memory Care 24 Unit, as stated in the brochures? 25 A. Yes. 26 Q. Did you have an understanding from meeting with Eric 27 and Mark that their mom and dad had been living together at 28 a place called The Palms? MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2559 2560 1 A. Yes. 2 Q. And was it your understanding that they'd had a 3 wonderful experience there? 4 A. Yes, they did. 5 Q. And can you tell the jurors, what was your 6 understanding as to why Myron and Joan were considering 7 moving to Emerald Hills? 8 A. 9 Joan wanted to be closer towards their kids and their The concern they had is they wanted -- Myron and 10 grandchildren which lived -- they lived further up the 11 hill, so they wanted to move closer. 12 Q. 13 moved in? 14 A. I was present. 15 Q. And can you tell the jurors, what did you observe 16 about Joan Boice when -- or strike that. 17 Now, were you present on the day that Joan Boice Was that the first time you met Joan, was the day 18 she moved in, on September 12th? 19 A. Yes. 20 Q. And can you tell the jurors, was Joan able to walk 21 when she was there? 22 A. She was able to walk, but she had a walker. 23 Q. And who was with her? 24 A. Her son Eric was there and his wife, and her husband 25 Myron was with them. 26 Q. 27 daughter-in-law, Kathleen, that day? 28 A. And did you have any interaction with Joan and her Yes, I did. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2560 2561 1 Q. And can you tell the jurors what that interaction 2 was about. 3 A. 4 down in the front room, which is kind of a greeting area, 5 and got to be introduced to Myron and Joan and talked to 6 them a little bit while we waited for the nurse to come do 7 her evaluation. 8 Q. And was there a long wait there for the family? 9 A. There was. 10 Q. Now, at this point, in July and August of 2008, had 11 you had any training from Emeritus about the level of care 12 of a resident that they could accept to the facility? 13 A. No, I didn't. 14 Q. Over the course of your employment at Emeritus, 15 those -- ten months were you there? 16 A. Yes, ten months. 17 Q. Did you become concerned about the level of care of 18 the residents who were actually coming into the facility? 19 A. I did become concerned. 20 Q. And did you do something -- did you have concerns 21 about the safety of the residents? 22 A. 23 well. 24 Q. 25 did to educate yourself with regard to the concerns that 26 started coming up to you over the course of your 27 employment. 28 A. Well, I met them when they came in, and I sat them I had concerns about the safety of the residents as And can you tell the jurors, what, if anything, you One of the things I did -- well, one thing I did was MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2561 2562 1 discuss my concerns with management. But I also took the 2 RCFE Title 22 course for myself, for my own personal 3 knowledge, just so I could understand the acceptance rules 4 and Title 22 regulations. 5 Q. 6 resignation? 7 A. Yes, I did. 8 Q. And once you took that class, did it become clear to 9 you that Emeritus had been improperly accepting and keeping And did you do that right before you tendered your 10 residents at the facility? 11 A. Yes, it did. 12 Q. Now, you just mentioned that you had concerns about 13 Emerald Hills. 14 jurors what concerns you had about the operation of the 15 building that you brought to the attention of your 16 supervisors. 17 A. 18 questions potential families would ask me is, "What is the 19 staff ratio to the residents?" 20 concerned that there was not a ratio that I thought was a 21 safe amount to take care of the residents that were in the 22 community. 23 Q. And what did you do about these concerns? 24 A. I raised them to my managers. 25 Q. And what was the response? 26 A. The response was to stay out of operations and my 27 job was to sell the building. 28 Q. Can you tell us what -- just list for the I was concerned at the -- one of the biggest And I was consistently Did you ever have concerns about staff training or MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2562 2563 1 qualifications? 2 A. 3 as far as what their qualifications were and if they were 4 capable of taking care of the residents at the acuity that 5 was in our building. 6 Q. 7 the Memory Care Unit. 8 9 I was concerned on the level of staff that we had, How about activities? Let's just focus strictly on What concerns, if anything, did you have about the Memory Care Unit as it related to activities? 10 A. There were no activities that I saw happening. Um, 11 rarely -- a gal from the adult day-care would come in and 12 sit with the residents and do something. 13 would see residents sitting in the living room with the TV 14 on. 15 Q. How about the Memory Care Unit, cleanliness of that 16 unit? Did you ever have any concerns about that? 17 A. That was one of my biggest concerns for me. 18 it's -- it smelled of adult urine consistently. 19 Q. 20 marketing? 21 A. 22 potential resident's coming through to, you know, tour the 23 community and they walk in and it's going to smell of 24 urine, that's going to turn a potential resident off, or 25 they're going to question why it's smelling. 26 Q. 27 safety in the Memory Care Unit, specifically as it related 28 to this issue of -- you know, this urine going on? But most times, I And I guess that consisted of an activity. Because And why was that a concern for you in sales and Well, when we have families coming through, a Did you have a concern about any of the residents' MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2563 2564 1 A. 2 management, almost on a daily basis. 3 Q. And what was the response? 4 A. To stay out of operations. 5 Q. And we heard from a witness yesterday about a 6 resident who had -- in the Memory Care Unit -- who had a 7 problem, where she was just urinating on the floor. 8 9 Yes, I did. And I consistently brought it up to Did you -- did you know about that? And, please, don't use any residents' names. 10 A. Okay. I did. Multiple times a day, in front of 11 another resident's door. 12 Q. 13 safety of the other residents? 14 A. 15 health concern. 16 a cleanliness issue. 17 buttons I had because it just seemed to consistently happen 18 and nothing was being done about it. 19 Q. 20 told you to make to families that were not actually being 21 fulfilled? 22 A. Yes, I did. 23 Q. And can you describe for the jury promises that you 24 were told to make, but then you realized were not actually 25 being fulfilled. 26 A. 27 The nurse wasn't always there. 28 hours a day. Did that ever give you a pause or concern about the Well, I thought it was a concern. I think it's a I think it's a safety issue. I think it's And I -- it was one of the hottest Did you have concerns about promises that Emeritus Well, having a nurse on staff readily available. I mean, she wasn't there 24 One of the talking points was to let them MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2564 2565 1 know that we can take them to doctors' appointments, which 2 was not always true, or it was limited to what days the bus 3 was going out on -- to do their errands or whatever for the 4 residents. 5 Um, concerns I had was, again, the lack of staff, 6 the lack of the training that the staff had. 7 Q. 8 Care Unit or anywhere -- let me rephrase that. 9 Did you ever have any concerns about in the Memory Did you ever have any concerns in the building as it 10 related to residents getting injured? 11 A. Yes, I did. 12 Q. And can you tell the jurors what your concerns were 13 in that regard. 14 A. 15 point in time, I just was alerted that -- I thought there 16 was a higher number of falls than I thought would be 17 expected with residents. 18 Q. 19 other, or was it equal or... 20 A. Mostly in memory care. 21 Q. Did you ever have concerns about Emeritus' -- well, 22 strike that. Well, the one concern that I brought up -- at some And was that true in one part of the building or the 23 Did your -- did the number of move-ins that you were 24 required to get when you were first hired -- it was four to 25 five a month -- did that change? 26 A. 27 our -- our region. 28 the move-ins that I was required. It changed when we had a new regional director join And I was averaging a little bit above And then when this MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2565 2566 1 regional director came on board, I was pretty much bullied 2 every month to get to ten move-ins. 3 Q. And who was this regional director? 4 A. Ronda Castleberg. 5 Q. And did you tell Ronda Castleberg, your Regional 6 Director of Operations, why you thought you couldn't sell 7 this building? 8 A. 9 sell the building with the concerns that I just mentioned, I gave my concerns of why I didn't think I could 10 that I brought up to management. And I -- I thought I was 11 doing the expected sales quota I was supposed to be 12 reaching. 13 during the housing crisis -- that the prices were in line, 14 and I didn't think that was reasonable. 15 Q. 16 about the cleanliness of the Memory Care Unit, the lack of 17 training, the lack of staff, the concern about the 18 residents falling all the time? 19 her? 20 A. I did. 21 Q. And what was her response? 22 A. Ronda's response was to go in my office, shut the 23 blinds on my door, lock the door, and sell the building. 24 Q. 25 facility, was Peggy Stevens, the facility nurse, was she 26 engaged anywhere else? 27 A. 28 well down in Roseville. And I didn't think personally that -- especially And did you tell Ronda Castleberg your concerns Did you relate that to During the time that Mrs. Joan Boice was at the I believe she was taking care of another building as MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2566 2567 1 Q. Did Emeritus have marketing campaigns where they 2 would accelerate the number of move-ins you were supposed 3 to get toward the end of the month? 4 A. Yes, they did. 5 Q. And can you describe that to the jurors, as to what 6 they would do to you and the other sales people. 7 A. 8 calls or e-mails. 9 against each other. There was phone conversations. We would have phone And my feeling is we were being pit The directors -- the sales directors 10 were being pit against each other to see who could sell the 11 most units in a building, you know, per region. 12 you know, a person got a sale, an e-mail would go out or a 13 phone call would happen. 14 to try and keep up with that. 15 exasperating. 16 Q. 17 your collaborative team (indicating) as to how you were 18 supposed to have the families fill out the physicians' 19 reports, those 602s? 20 A. 21 memory care neighborhood, they were -- we were encouraged 22 to make sure the doctor wrote "mild cognitive impairment" 23 versus "dementia." 24 Q. 25 assisted living side? 26 A. 27 not a dementia code, or just coaching to make sure that 28 they would fit the standards to move into the building. And as, And it was just a lot of pressure And it was just -- it was Did you get any training from your supervisors and If the resident was going to be moving into the And what about residents who would move into the Were you given any coaching on that? Pretty much the same, to make sure that there was MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2567 2568 1 Q. Were you ever present at a meeting where the 2 Vice President of Sales and Marketing, Angela Meals -- 3 Neale, told the group to go ahead and admit residents 4 without current 602s? 5 A. 6 meetings we were at. 7 Q. 8 Unit? 9 A. I believe that was -- it was one of the sales I was fairly new. How often a day would you go into the Memory Care I spent -- I was in the memory care neighborhood 10 multiple times because of my concerns. 11 concern was the urine on the floor. 12 that the building looked up to standards before I could 13 bring a tour through. 14 Q. 15 building with a potential family member, in the Memory Care 16 Unit? 17 A. 18 particular -- with a family member? 19 And my biggest And I had to make sure Did you ever have any problems when you toured the There was several things that I've seen. One in I know that there was residents -- when they sat in 20 the TV room, one instance I had, the staff was in the -- 21 the family room with them, on the couch, sleeping with 22 them, just laying there next to them asleep. 23 one of the -- and I had a tour with me. 24 alarming. 25 Q. 26 nap with the caregiver? 27 A. I didn't think so. 28 Q. Did you have a concern about the pricing compared to That was So it was rather Was that a "activity" for the residents, to have a MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2568 2569 1 what the residents were actually getting? 2 A. Yes, I did. 3 Q. And what was that? 4 A. I didn't feel the -- especially the things that we 5 were promising on the marketing brochures was being met for 6 the residents, for the amount that they were paying for 7 care. 8 Q. 9 Boice. 10 While -- I want to take you back to Joan and Myron Okay? While Joan was a resident, did you learn about 11 problems with her care? 12 A. I did. 13 Q. And can you tell the jurors what you learned. 14 A. I would have the caregivers come to me because they 15 saw how much I would spend time in there, in the memory 16 care neighborhood. 17 health was failing, that she was not as mobile as she was 18 when she came in, and that the director of memory care was 19 never in the neighborhood. 20 something and she could never be found. 21 Q. And who was that? 22 A. Alicia Parga. 23 Q. How about the family, Myron Boice? 24 talk to you? 25 A. 26 was always around the building somewhere. 27 come in my office quite a bit to speak with me and just to 28 visit. Yes. They were just concerned that her She was always off doing Did he ever come Myron was very active and he was always -- he And he would MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2569 2570 1 Q. Did he ever share with you concerns he had about 2 Joan's care? 3 A. 4 of care that was stated when they moved in, when they 5 signed the contracts. 6 Q. 7 Boice paid a $2500 nonrefundable community fee in August of 8 2008, before they even moved in? 9 A. Yes, they did. 10 Q. And then is it your understanding that Myron was 11 paying $2500 a month for a studio, and Joan was paying 12 $4,625 a month to share a room with Maggie Boyce? 13 A. 14 on the assisted living side. 15 was on the memory care side of the neighborhood. 16 Q. 17 Mrs. Joan Boice developed at Emeritus? 18 A. 19 so I would direct them to the nurse or to the director. 20 But they were concerned with sores that they were seeing on 21 her that weren't healing. 22 Q. 23 Kathleen Boice after the first day that Mrs. Boice moved 24 into the facility? 25 A. 26 in her care, as far as coming in and visiting and making 27 sure she was okay. 28 the kids. He did. He didn't think she was getting the quality And was it your understanding that Myron and Joan Yes, they had separate apartments. He was on the -- He was independent. And she Did the staff ever talk to you about bedsores that Staff would come to me. But I wasn't the nurse, and In -- did you have interaction with Eric and Oh, yeah. They were in -- they were very integrated They would come in on the weekends with So they were in quite a bit to see how Joan was MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2570 2571 1 doing and to visit, with Joan and Myron. 2 Q. 3 that they had about Joan? 4 A. 5 they felt like her health was failing, or that she wasn't 6 clean, or one of the staff members would mention something 7 about these sores on her. 8 or to Peggy because I was consistently told to -- my job 9 was about sales and I was not to be, you know, having any Did they ever come to you and tell you any concerns Yes, they came to me. They were concerned about -- And I would direct them to Nancy 10 part of the operations. I was strictly to be doing sales. 11 Q. 12 did they ever talk to you about concerns they had about 13 Peggy? 14 A. 15 have care meetings with Peggy and/or with Nancy about 16 Joan's care that Peggy was never available for a time to 17 meet with them. 18 frustrated, which is why they were coming into my office. 19 Q. 20 Joan Boice about half -- well, a little more than halfway 21 through her stay? 22 A. With the family, I did. 23 Q. And was this meeting -- how was it that you got 24 involved in this meeting with Joan's family? 25 A. 26 presence to be there. 27 Q. And who else was present in the meeting? 28 A. Nancy and Peggy. Now, did Joan's children, Eric and Kathleen Boice, Yes. They were frustrated that when they wanted to And they were becoming increasingly Now, do you remember attending a meeting regarding Um, Eric and Kathleen specifically asked for my MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2571 2572 1 Q. And from the family? 2 A. And the family. 3 Q. And was that Eric and Kathleen? 4 A. It was Eric and Kathleen. 5 Q. And did you have a talk with Nancy and Peggy before 6 the meeting? 7 A. 8 confused as to why they -- the family had requested my 9 presence to be there. We talked before the meeting. And they were And I was instructed to be in the 10 meeting and do not say a word. 11 Q. 12 written agenda at that meeting? 13 A. Yeah. 14 Q. And do you recall that the family listed out serious 15 concerns they had about Joan's care? 16 A. Yes, they did. 17 Q. And did the family raise -- or strike that. Do you recall that Kathleen Boice presented a She was very organized. It was all on her agenda. 18 Did the family in that meeting raise something where 19 they said that Alicia had mentioned something about hospice 20 for Joan, to keep her there? 21 A. Yes. 22 Q. And what was Nancy Cordova's -- well, strike that. 23 Alicia did that. Was the -- did the family appear surprised in 24 response to that? 25 A. 26 suggesting hospice. 27 about what her concerns were. 28 Q. Yeah. They didn't understand why Alicia was And Nancy and Peggy continued to talk Did Nancy or Peggy talk to the family about what MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2572 2573 1 hospice meant? 2 A. They did. 3 Q. And what did they tell the family? 4 A. That it just -- well, hospice is meant -- it could 5 be temporary, or it could be a permanent way to finish your 6 life out if you're terminally ill. 7 hospice doesn't always mean that you won't progress off of 8 hospice and be okay. 9 Q. And they explained that The family was concerned about that. Over the course of your employment -- that was early 10 in your employment, true? 11 A. Yes. 12 Q. And over time, did you learn -- did you see other 13 examples where the executive director or management would 14 suggest hospice as a means of "closing the back door"? 15 A. 16 has a hospice waiver, meaning they're allowed to have X 17 amount of residents on hospice at a given time. 18 Q. 19 upon the staffing and the training and things that you saw 20 in the facility? 21 A. Yes. 22 Q. I'm going to back out now to just your experience 23 overall. 24 Yes. I believe there -- you know, each community And did that start becoming a concern for you, based Because it's more care. Were there high acuity residents in the building on 25 the assisted living side? 26 A. 27 acuity, meaning needed a little bit more care, maybe more 28 help with showering, assisting in and out of their bed or Yeah, there was a couple residents that were high MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2573 2574 1 into, you know, the dining room or whatever their care 2 needs were. 3 Q. 4 assisted living side that actually needed more assistance 5 than even one person to get them in and out of bed? 6 A. Oh, absolutely. 7 Q. Was that uncommon, for Emeritus to have residents in 8 the facility on the assisted living side that needed the 9 help of two or more people to get in and out of bed? Were there residents, to your understanding, on the 10 A. I didn't think so. 11 Q. Was there high acuity to your observation in the 12 Memory Care Unit? 13 A. Some residents were, yes. 14 Q. Can you describe for us -- please, don't tell us the 15 names -- residents who you observed in the Memory Care Unit 16 who thought were high acuity? 17 A. 18 she needed quite a bit of assistance in getting around, and 19 her daily needs of, you know, washing and eating and things 20 like that. 21 22 There was a resident that was blind. So, obviously, There was a resident that was in a wheelchair because he had one leg. 23 And as Joan's health progressed, she was needing 24 more care as well. (Verbatim.) 25 Q. 26 facility that you observed that she was no longer walking 27 with her walker? 28 A. Was there a time shortly after Joan was in the Yeah. I saw her more often either in her bed or in MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2574 2575 1 the TV room, sitting in a recliner or on the sofa. 2 Q. 3 After Joan left the facility -- or strike that. Do you have an understanding as to why Joan left? 4 A. I believe her health was failing and she was -- had 5 some sores on her that weren't healing, that needed more 6 care than we could provide her with, or that hospice could 7 provide. 8 Q. 9 too high of acuity over the course of your employment, How many potential residents were rejected as being 10 ten -- ten months? 11 A. I don't remember turning anybody away. 12 Q. Why did you leave Emeritus? 13 A. I left Emeritus because as I went further in my 14 employment with them, I realized that the standards of 15 their running of the operations was not in align with what 16 I agreed with. 17 vocal about my concerns. 18 anybody that I was -- I was not happy. 19 that I could successfully continue in my job. 20 Q. 21 daughter-in-law, Kathleen, and Eric, and Nancy, and Peggy, 22 and yourself. 23 And I was very concerned, and I was very So it wasn't any kind of guess to And I didn't feel Oh, I want to go back to that meeting with Joan's Was there any communication immediately after that 24 meeting between yourself and Nancy and Peggy? 25 A. 26 to just kind of discuss what -- the concerns that Kathleen 27 had brought up in the meeting and how we were going to 28 accommodate. Yes. We went back into -- I think it was my office, MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2575 2576 1 Q. Did they express anything to you about your 2 participation in the meeting? 3 A. 4 were angry. 5 and I did. 6 Q. 7 there? 8 A. I did. 9 Q. Did you ever see him in a jogging suit? 10 A. No. 11 a sweater and tennis shoes. 12 Q. 13 sufficient staff, was it your understanding while you 14 worked there that the maintenance man was actually helping 15 the caregivers give showers to the residents? 16 A. Yes, he did. 17 Q. When you complained -- when you complained to your 18 superiors about not enough staff to care for the residents, 19 would that be Nancy, Rich, and Ronda? 20 A. 21 tell Peggy, because those were her -- that were her staff. 22 Q. 23 directors when you complained about not enough staff? 24 A. To stay out of operations. 25 Q. Now, was "Join Their Journey" part of the marketing 26 tool that you were using to sell the building for Emeritus? 27 A. It was in the brochures. 28 Q. Did you ever actually have the Join Their Journey I had said a few things in the meeting, and they I was instructed not to speak in the meeting, And they were very unhappy. Did you see Myron almost every day that you worked Mostly, Myron -- I would see him in shorts and With regard to concerns about staffing not being Yes. And I would tell -- you know, I would also And what was the response from your executive MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2576 2577 1 training? 2 A. No. 3 Q. Did you ever use the Ethics First Hotline to voice 4 your concerns? 5 A. No. 6 Q. Why not? 7 A. Well, I thought I was supposed to report my concerns 8 to management. 9 community that if you used the Ethics First Hotline, you And, unfortunately, it was known around the 10 pretty much were going to get fired. 11 Q. Thank you. 12 A. That's what I was -- that was a known thing through 13 the employees. 14 MS. CLEMENT: Thank you. No further questions. 15 CROSS-EXAMINATION 16 BY BRYAN R. REID, Attorney at Law, Counsel on behalf of the 17 Defendant: 18 Q. 19 Good afternoon, Miss Gratiot. When did you leave Emerald Hills? 20 A. At the end of April of 2009. 21 Q. Okay. 22 concerning this case at all? 23 A. Yes, I have. 24 Q. Who have you been represented by? 25 A. Oh, have I been represented? 26 Q. Oh, okay. 27 A. I'm sorry. 28 Q. Okay. Have you ever been represented by counsel No. I misunderstood you. All right. Have you had a chance to discuss MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2577 2578 1 your testimony with Ms. Clement? 2 A. Discuss my testimony? 3 Q. Right. 4 A. Huh-uh. 5 Q. Did you have any meetings -- 6 THE COURT: 7 THE WITNESS: 8 THE COURT: 9 Excuse me. THE WITNESS: Was that a "yes" or "no"? Oh, I'm sorry. That's okay. 10 Q. 11 Miss Clement before coming here today? 12 A. 13 talk about when I would be here on the stand. 14 Q. Okay. 15 A. I was subpoenaed -- God, I don't remember when I was 16 subpoenaed. 17 been probably at the end of last year, or the beginning of 18 the year. 19 Q. 2012, 2013 we're talking about? 20 A. Yes. 21 Q. Okay. 22 (By MR. REID) No. Have you had any meetings with I was subpoenaed and I was -- I met with Lesley to And when did you meet with her? It had -- I was on vacation, so it had to have I'm sorry. And so you were subpoenaed. Did you go down to her office after you got the 23 subpoena? 24 A. I did go down to her office once. 25 Q. Okay. 26 counsel? 27 A. 28 told her I wasn't. And were you asked if you were represented by I don't remember if she asked me that. I may have MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2578 2579 1 Q. 2 All right. So you went down to her office. And what happened when you met Ms. Clement at her 3 office? 4 A. 5 that the case -- there was going to be a case going to 6 trial. 7 Q. Mm-hmm. 8 A. And I didn't -- I've never been on the stand, so I 9 didn't understand what was going to be going on in the Um, geez, I don't remember. We just talked about 10 courtroom. 11 be up on the stand, she would call and give me fair 12 warning. 13 Q. Okay. 14 A. Not long at all. 15 wasn't long at all. 16 Q. 17 asked you today, those weren't topics that you discussed 18 with Miss Clement at any time? 19 A. 20 could to recall what happened at the -- at the community 21 and just try to jog my memory about what I remembered about 22 the Boice family. 23 Q. 24 And she explained that when it was my turn to So how long did this meeting last? Okay. No. I don't recall the time, but it So all of the questions that Ms. Clement I was expected to just use the best that I Okay. I'm not sure I'm following you. When you met with Ms. Clement, is that what she told 25 you, you need to think about your experiences with the 26 Boice family? 27 A. 28 I -- yes. MS. CLEMENT: Leading. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2579 2580 1 THE COURT: He can lead. 2 MR. REID: 3 THE WITNESS: 4 THE COURT: 5 THE WITNESS: 6 I just didn't know what to expect when I was here. Thank you, your Honor. Can I? Go ahead. You can answer. I'm sorry. 7 And basically I was just told to just -- you know, I would 8 probably be asked questions about my experience, my sales 9 experience, and what my role was, and if I, you know, 10 remembered anything about the Boice family. 11 Q. 12 substance of those things with Ms. Clement in that meeting? 13 A. I didn't think I needed to. 14 Q. Okay. 15 things with anybody that you understood was affiliated with 16 Ms. Clement's office before coming in here and testifying 17 today? 18 A. No. 19 Q. Okay. 20 idea what you were going to say in response to your 21 questions; is that right? 22 A. 23 I might have said just because of my experience working 24 there with the family. 25 Q. 26 understanding -- you know, some idea of what your 27 experiences were when you met with her? 28 A. (By MR. REID) Okay. And then did you discuss the Have you discussed the substance of those Just with my husband. So as far as you know, Miss Clement had no I think she would have an idea of some of the things Okay. Did you give -- did you give her an No, we didn't talk about -- we didn't talk about MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2580 2581 1 specifically what I was going to say. 2 Q. 3 were? 4 A. 5 I didn't know what -- what to expect and how deep involved 6 I was going to be asked questions. 7 Q. So how long was the meeting then? 8 A. It wasn't very long at all. 9 it was more than a half-hour. Did you talk generally about what your experiences Hmm. I don't think so. I just -- I was nervous and It was -- I don't think I'm just trying to remember. 10 Q. During that half-hour, did you review any documents 11 with her? 12 A. I didn't have any documents to review. 13 Q. Did she show you any documents? 14 A. Huh-uh. 15 Q. Did she -- when was the last time you saw those 16 brochures that you just identified in trial today? 17 A. Today. 18 Q. Okay. 19 saw those brochures? 20 A. When I worked at Emerald Hills. 21 Q. And it's your specific recollection that those three 22 brochures were the exact brochures that you were providing 23 to people at Emerald Hills three-and-a-half years ago, four 24 years ago? 25 A. 26 the brochure packet that we gave to families. 27 Q. What other brochures were there, do you know? 28 A. Um, well, depending on the type of apartment they Yeah. No. And before today, when was the last time you Those were some of the brochures that were in MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2581 2582 1 wanted, we would have this brochure, and then about cost. 2 And it would be random, depending on -- they were 3 customized to the family, depending on what the family's 4 needs were. 5 Q. The brochures were customized? 6 A. No, meaning the packets. 7 wouldn't put in the packet for a family about the memory 8 care studio if it was something that they were doing on the 9 assisted living side, and vice-versa. Okay. So I wouldn't put in -- I 10 Q. Do you -- when was it that you met with Mark 11 and Eric Boice and -- at the community? 12 A. Um, well, it was -- 13 Q. And, yes. 14 fine? 15 A. Okay. 16 Q. I think it was -- 17 A. I met with Eric -- I talked with Eric on -- the end 18 of July. 19 Q. Okay. 20 A. August 15th. 21 Q. So you talked to them on August 15th. 22 them at the end of July? If you need to look at an exhibit, that's And then 8/15 with Eric and Mark. 23 MS. CLEMENT: Objection. 24 THE WITNESS: No. 25 MS. CLEMENT: Misstates -- 26 MR. REID: 27 THE WITNESS: You met with 28 Okay. I misunderstood. I apologize. I spoke with Eric on July 29th, and I met with Mark and Eric on August 15th. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2582 2583 1 Q. (By MR. REID) August 15th of 2008? 2 A. Yes. 3 Q. Okay. 4 Eric those three brochures? 5 A. 6 things -- the brochure packet had standard things that went 7 to every family member. 8 depending on, you know, what kind of apartment they were 9 going to have and things like that. And you specifically remember giving Mark and Well, the brochure -- the packet had standard And then I would customize 10 Q. What else did you give them then? 11 A. In the brochure packet? 12 Q. Right. 13 A. It would be this form right here that talks about 14 what the monthly rate includes. 15 Q. 16 about, what exhibit number is that? 17 A. Oh, I'm sorry. 18 Q. Okay. 19 pointed and what comes with the fee? 20 A. 21 That was -- and just so we know what we're talking 178, dash, 010. We saw that before. That's that bullet Correct. And then there were several different brochure -- 22 or, excuse me, pieces of paper, such as the 178-011, 23 depending on the type of apartment they were getting. 24 it was different for each. 25 Q. Now, when you -- this was your first sale? 26 A. Yes. 27 Q. So when you gave -- when you gave -- 28 MR. REID: So I'll tell you what, could we -- MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2583 2584 1 2 Would it be okay to put up 178, page ten, your Honor? 3 THE COURT: 4 MR. REID: On the sections that have been admitted? Yes. Specifically, page ten, I think, 5 was in that list. 6 THE COURT: Yes. 7 MR. REID: Okay. (By MR. REID) Could you pull up 178, page 10. 8 Q. And then looking at the section that 9 says, "Monthly Rate Includes." 10 A. Mm-hmm. 11 Q. Okay. 12 and Eric Boice something different than what was on that 13 sheet? 14 A. No. 15 Q. Okay. 16 Is it your recollection that you told Mark I followed the sheet. MR. REID: Okay. Thank you. You can take that 17 down. 18 Q. 19 were hired, you started in the middle of July of 2008, 20 correct? 21 A. Yes. 22 Q. And do you remember receiving some training, some 23 on-board training when you first started? 24 A. Only sales training. 25 Q. Okay. 26 can help you. (By MR. REID) Now, I'd like you, please -- when you Would you kindly pull up Exhibit 91. 27 MR. REID: 28 THE COURT: And I May I approach the witness, your Honor? Yes. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2584 2585 1 (Joint Exhibit Number 91 was marked for 2 identification.) 3 MR. REID: 4 I believe Exhibit 91 has been admitted into 5 Whoops. evidence, your Honor. 6 MS. CLEMENT: 7 MR. REID: 8 MS. CLEMENT: 9 10 I think I pulled the wrong one. Q. No, it has not. Oh, it hasn't. (By MR. REID) You objected to it. Okay. Then let me refer your attention to page 26 of Exhibit 91. 11 Okay? Do you see that? 12 A. Oh, I'm sorry. 13 Q. Okay. 14 if it refreshes your memory -- your recollection as to any 15 training that you received when you first started at 16 Emerald Hills. 17 A. 18 just of an orientation. 19 Q. 20 apologize. 21 Yes. I was reading it. And take a look at that document and tell me This wasn't a training checklist. Okay. This was more I -- maybe I'm using the wrong word. I So when you started, is it your memory -- your 22 recollection that you did receive orientation with respect 23 to the community and aspects of your job? 24 A. I briefly spoke with each department. 25 Q. Okay. 26 (Rima Badawiya and Bryan Reid confer.) 27 MR. REID: 28 My understanding is that this has been admitted, Okay. May I inquire of the Court? MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2585 2586 1 Exhibit 91. 2 3 THE COURT: I don't have Exhibit 91 as having been admitted. 4 MR. REID: 5 THE COURT: 6 Okay. I have 88 through 90, and 92 through 105, with a couple of pages in certain ones. 7 MR. REID: Okay. 8 Q. 9 you recall meeting with -- you met with Nancy Cordova, and 10 (By MR. REID) Thank you. So as part of your orientation, do she went through an overview of the community with you? 11 MS. CLEMENT: I object to the question. 12 leading. 13 It's this document, your Honor. 14 And it also lacks foundation, particularly for THE COURT: We had a discussion at sidebar where the 15 Court permitted Miss Clement to lead the witness under 776. 16 Under 776, that would require you to proceed as if direct 17 or redirect. 18 19 I will allow some limited leading for preliminary or foundational matters. 20 MR. REID: Thank you, your Honor. 21 Q. (By MR. REID) 22 Miss Cordova orienting you to the community? 23 A. Very briefly. 24 Q. Okay. 25 you recall meeting with Miss Stevens? 26 A. 27 into detail on these items. 28 Q. Sitting with me and talking with me. And do you -- how about Peggy Stevens? I met with her. Okay. Do you have a recollection of Do But looking at this, we didn't go I didn't watch a video. How about Alicia Parga? Did you meet with MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2586 2587 1 her as you were being oriented to the community? 2 A. I met with her briefly. 3 Q. And did you meet with the maintenance director, 4 Chris Garibaldi? 5 A. 6 Just very -- overview -- a quick overview about their 7 department. 8 Q. 9 starting at Emeritus at Emerald Hills? Every department head, I met with very briefly. Okay. When you -- what was your work history before 10 A. 11 And I did sales and marketing for healthcare software. 12 And, also, account management work. 13 Q. 14 documents that Ms. Clement asked you questions about. 15 I did sales and marketing for nutrition for schools. And we've seen some documents, some sales tools Do you have those in mind? 16 A. The -- the ones that were shown to me earlier? 17 Q. Correct. 18 A. Mm-hmm. 19 Q. In your prior sales experiences, were you given 20 training about meeting objections when -- when you were 21 trying to sell a product? 22 A. 23 this intensive sales training ever. 24 Q. 25 26 Right. I have, but not as -- I haven't -- I didn't have Okay. MR. REID: With the Court's permission, your Honor, I'd like to -- well, maybe I won't do that now. 27 THE COURT: Would this be a good time to stop and 28 pick up tomorrow morning? MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2587 2588 1 2 3 MR. REID: That would be fine, your Honor. you. THE COURT: All right. Ladies and gentlemen, please 4 leave your notebooks on the chairs. 5 admonitions. 6 7 Thank Remember the I'll see you at 9:00 a.m. tomorrow morning. And for our witness, I will need you back at 9:00 a.m. tomorrow morning. 8 Thank you. 9 THE WITNESS: 10 11 THE COURT: Do I just put these back over here? You can leave them right there. We'll pick up with it in the morning. 12 THE WITNESS: 13 (The following proceedings were then had in open 14 Okay. court, outside the presence of the jury.) 15 THE WITNESS: 16 THE COURT: 17 18 19 20 21 22 23 24 Thank you. Okay. Could you be seated, please. Or at least counsel, please, be seated. Okay. Where are we on the video deposition excerpts? MS. BADAWIYA: Um, okay. With respect to Miss Castleberg-Smith, we're fine. With respect to Miss Werdel, we have -- we're down to one objection, your Honor. THE COURT: Let me -- tell me what the statement is 25 and what the objection is. 26 MS. BADAWIYA: 27 THE COURT: 28 MS. BADAWIYA: Okay. Or the question, answer, and objection. Okay. Before I do that, there's a MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2588 2614 1 restroom. 2 THE COURT: 3 (Pause.) 4 THE COURT ATTENDANT: 5 Department 45 is again in session. 6 Judge Judy presiding. 7 8 THE COURT: Thank you. Please come to order. The Honorable (Verbatim.) All right. Ladies and gentlemen, later today we're going to, I think, be showing some videos. 9 10 You can all be seated. Is that correct? Videotaped deposition, will that be today? 11 MS. CLEMENT: 12 THE COURT: If we complete, yes, your Honor. All right. So what we were taking care 13 of a little bit this morning at 9:00 o'clock was just 14 looking over some of the issues related to that. 15 keep you waiting outside. 16 smoothly, having done that. 17 So, Mr. Reid. 18 MR. REID: 19 JURORS IN UNISON: But things will flow more Good morning, ladies and gentlemen. 20 21 Sorry to Good morning. TESTIMONY OF MELISSA GRATIOT, a witness called by the Plaintiff: 22 CROSS-EXAMINATION 23 BY BRYAN R. REID, Attorney at Law, Counsel on behalf of the 24 Defendant: 25 Q. Good morning, Miss Gratiot. 26 A. Good morning. 27 Q. So I'm kind of following up where we left off 28 yesterday. We know that you were hired as the Community MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2614 2615 1 Relations Director. 2 A. That's correct. 3 Q. Okay. 4 the building? 5 A. That's correct. 6 Q. Okay. 7 there were resources available for you to help you do your 8 job, weren't there? 9 A. Such as? 10 Q. How about a Regional Director of Sales and Marketing 11 that you could talk to? 12 A. That's correct. 13 Q. And there was different sales materials available to 14 help you with your job? 15 A. As I got more into my job, yes, with the training. 16 Q. One of the -- and yesterday you testified that -- I 17 do have your transcript. 18 job was to sit with the families, get them to move into the 19 building if it was a good fit. 20 A. 21 the family in to meet with the director and the nurse. 22 Q. 23 That's where we left yesterday, and I didn't have it in the 24 computer. 25 couple of things with you. And basically the -- in charge of sales for And now -- when you entered into that role, That's correct. Okay. Basically you were told that your Right? After I met with -- I would bring I wanted to take a look at Exhibit 288. So I have it now. 26 THE COURT ATTENDANT: 27 Oh, no, no, no. 28 THE WITNESS: I wanted to follow up on a Right here. No. This one here? MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2615 2616 1 (Pause.) 2 MR. REID: 3 admitted. Your Honor, I think this has been Is it okay if we display this page, Exhibit 288? 4 THE COURT: 5 MR. REID: Yes. Thank you. 6 Q. 7 briefly yesterday with Miss Clement. 8 9 (By MR. REID) MR. REID: All right. You went through this Could you -- just -- Ms. Ford, if you could just bring up the top few paragraphs there for us. 10 Q. (By MR. REID) 11 trying to determine if the residents were a good fit, was 12 that part of the "Safely Somewhere" concept that we were 13 talking about? 14 MS. CLEMENT: 15 THE COURT: So in terms of seeing if the -- Objection; leading. Sustained. 16 Q. 17 checking to see if the residents have good fit relate to 18 this notion of "Safely Somewhere," if you know? 19 A. 20 go ahead and do the evaluation with the resident to make 21 sure it was a safe place for them, that we could take care 22 of them. 23 Q. 24 next paragraph here -- for some reason my laser pointer 25 isn't working today. 26 (By MR. REID) How does -- how does this notion of That would be what the nurse -- when the nurse would All right. Now, directing your attention to the In the second paragraph it talks about, "Are there 27 real financial concerns" and "sales tools." And then 28 there -- you see in the parenthesis, "VA aid and MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2616 2617 1 attendance." 2 What was your understanding about directing 3 prospective residents to those kinds of resources? 4 A. 5 personal level -- working with my grandmother and trying to 6 find assistance for her, I learned about the VA assistance. 7 And so that was one of the resources if they didn't have 8 assistance to pay for their means. 9 them -- educate them to let them know that there is Well, I explained -- because when I was -- on a I just would let 10 somebody to talk to, perhaps if their was -- if their 11 spouse or themselves were in the military, that they might 12 be available for some aid with VA. 13 Q. 14 brought up, there's a question there to remind you to ask, 15 you know, what was -- what brought them to the community or 16 brought them through the doors in the first place. 17 Okay. And then on the last paragraph that we have Right? 18 A. Correct. 19 Q. Do you see that? 20 Okay. And what was purpose of trying to find out 21 why they came in in the first place? 22 A. 23 leave their home. 24 to understand what was it that brought them to our 25 community, what kind of assistance did they need, so that 26 we can make sure that we would match it. 27 Q. 28 To -- well, it's a scary experience for an elder to And I always -- we were always curious Now, on the second page -MR. REID: Maybe you can bring up the top, the first MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2617 2618 1 three paragraphs of the second page. 2 Q. 3 during the holiday season, the end of the year; is that 4 correct? 5 A. That's correct. 6 Q. Okay. 7 holidays are really actually a good time of year to 8 introduce a prospective resident to the community. 9 (By MR. REID) This memo was specific to sales And it says -- the memo reminds that the Do you see that? 10 A. I see that. 11 Q. And was that your experience? 12 A. My experience? 13 Q. Yeah. 14 that the holidays were a time when there were good things 15 happening in the building and a good way to introduce a 16 prospective resident? 17 A. 18 holidays were a time when I felt families were together, 19 and I didn't think it was the time to be moving a resident 20 in. 21 Q. 22 worked there, did they have events like hot cider or 23 afternoon sing-a-longs that you recall, as are referenced 24 in this memo? 25 A. Not that I can recall. 26 Q. What kind of events do you remember happening at 27 Emerald Hills during the holiday season in the one year you 28 worked there? Was that consistent with your experience, Personally, I didn't agree with that. Okay. Because the Did Emerald Hills, the one holiday season you MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2618 2619 1 A. Um, I know that we had music coming in from outside. 2 The community was decorated. 3 specific activities. 4 Q. Okay. 5 A. I know -- I do know that Santa came one day. 6 Q. All right. 7 A. I don't remember. 8 Q. Do you remember a Halloween party, everybody 9 dressing up in costumes? But I don't -- I don't recall Did he bring presents? 10 A. 11 remember if there was a party. 12 I remember some of the staff, but I don't fully MR. REID: Okay. Now, moving down. 13 pull up the next couple of paragraphs. 14 Q. 15 notion here -- sorry. If you could 16 17 (By MR. REID) I want to draw your attention to this My laser pointer is not working. It says, "This is a great opportunity to offer a slow and gradual move-in." 18 Are you familiar with the concept of a slow and 19 gradual move-in to Emerald Hills? 20 A. 21 my time there we used it once with a resident who was 22 apprehensive about moving in. 23 Q. 24 Emerald Hills, did you -- were there occasions where people 25 visited numerous times and really -- and shopped around and 26 kind of -- it took a while for them to make the decision? Um, we had a respite room, but I don't -- I think in In your training and in your experience at 27 MS. CLEMENT: 28 THE COURT: Leading. Sustained. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2619 2620 1 Q. 2 very quickly, or what was your experience? 3 A. 4 don't remember. 5 But, for me, my philosophy was you have to earn that trust 6 and you can't always have someone commit to move in on the 7 first day. 8 Q. 9 10 (By MR. REID) Were -- all of your sales happened Um, it was a little bit of both. Okay. I mean, I moved in quite a few residents. Thank you. MR. REID: Now -- and, thank you, Mr. Taylor. can have the lights for now. 11 A lot of -- I THE COURT ATTENDANT: (By MR. REID) We Thank you very much. Thank you. 12 Q. 13 document that led you to believe that Emeritus wanted you 14 to mislead the residents -- or the prospective residents in 15 the -- in this process of making move-in decisions? 16 MS. CLEMENT: 17 THE COURT: 18 THE WITNESS: Was there anything about that -- that Leading. Sustained. I don't -- 19 Q. 20 don't have to answer that. 21 A. 22 (By MR. REID) She sustained the objection. Oh, I'm sorry. THE COURT: So you I don't know. That's okay. 23 Q. (By MR. REID) 24 with the prospective residents, was there any emphasis on 25 that in your training? 26 MS. CLEMENT: 27 THE COURT: 28 THE WITNESS: In terms of being honest and accurate Leading. She can answer. Can you repeat the question. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2620 2621 1 Q. 2 training, did you receive -- did you receive training from 3 Ms. Malek? 4 A. A little bit of training from Miss Malek. 5 Q. In meeting with Ms. Melissa Malek, what, if 6 anything -- what kind of training did she give you about 7 being honest and forthcoming with prospective residents? 8 9 (By MR. REID) MS. CLEMENT: Right. When -- as you were receiving Object to the question. It lacks foundation, the term "meeting." 10 THE COURT: Sustained. 11 Q. (By MR. REID) Did Ms. Malek give you any direction 12 about whether you should be honest and accurate with the 13 residents that might be moving in? 14 A. Absolutely. 15 Q. Okay. 16 entire time you worked at Emerald Hills? 17 A. Yes. 18 Q. This one memo that we've seen, was this a tool that 19 was helpful to -- for you in doing your job? 20 A. This one right here? 21 Q. Right. 22 A. Personally, I was having issues with it. 23 during the economic times, I was feeling that I was having 24 a harder time convincing residents to move in. 25 bring that up to my management. 26 Q. 27 Boices, Mr. and Mrs. Boice moving in. 28 were involved in that. I'm an honest person. And is that how you conducted yourself the I built many relationships with the residents. All right. Because And I did I want to focus now a little bit on the And we know that you MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2621 2622 1 A. Mm-hmm. 2 Q. If we could pull -- if you wouldn't mind pulling up 3 Exhibit 178. 4 A. We looked at this yesterday. Is it in this book? 5 THE COURT ATTENDANT: 6 MR. REID: 7 THE WITNESS: 8 Q. 9 10 It's in the -- I can -- I'll help the -I'm sorry. (By MR. REID) Here we go. A. No. This is new. That's okay. And I'll grab this one. Thank you. 11 THE COURT: 12 What's the number? THE WITNESS: What number was that? 13 Q. (By MR. REID) 178. 14 A. Whoop. 15 Q. Okay. 16 page seven of Exhibit 178. 17 A. I have that. 18 Q. Do you have that? 19 A. Mm-hmm. 20 Q. Okay. 21 is -- this is the document that reflected that initial -- 22 or a phone call with Eric Boice on July 29th, 2008? 23 A. That's correct. 24 Q. Okay. 25 Mr. Eric Boice before then? 26 A. Regarding his parents? 27 Q. Had you met him -- Mr. Boice before July 29th, 2008? 28 A. On -- he -- at my home. This is -- here it is. Here it is. And I'm going to direct your attention to It will be 178, dash, 007. Before I ask you about this document, this Wasn't there -- didn't you actually meet He was an insurance agent MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2622 2623 1 of mine and he was doing insurance for me. 2 talking, and he was asking me what I did for a living. 3 explained I was going to be working for Emeritus. 4 was just a strange connection that he said, Oh, my dad's 5 already been looking over here and he's planning on moving 6 them in. 7 Q. Okay. 8 A. I didn't know him personally, though. 9 Q. Okay. 10 A. That's correct. 11 Q. And you'd talked about his parents considering 12 moving into Emerald Hills? 13 A. 14 because it was just -- I didn't -- I don't know. 15 thought that that was going to be a good fit for me since 16 -- knowing someone that was going to be moving their 17 parents in. 18 Q. 19 your house and talking -- discussing insurance with you, 20 was that the first time you had met him, or had you worked 21 with Mr. Boice over the years? 22 A. 23 just -- I never -- I didn't know who he was prior to coming 24 to my home. 25 Q. 26 on page seven, how much before that, if you can recall, was 27 Mr. Eric Boice at your house and you had this conversation? 28 A. Yes. And I was I And it So did you -- But you had met him before July 29th, 2008? He was -- it was just -- I was kind of excited I just The meeting -- the time that Mr. Eric Boice was at That's the first time I've ever met him. Okay. It was In relation to the telephone call reflected He was at my house one time for a very brief MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2623 2624 1 interview about life insurance. 2 Q. 3 before July 29th, 2008 that -- that meeting happened at 4 your house? 5 A. 6 it was very close to the same time. 7 had been interviewing and I knew I was going to be working 8 for Emerald Hills. 9 Q. Okay. And are you able to estimate for us how long It -- I don't know exactly when, but it was very -- Okay. Because I knew -- I So you hadn't started working -- you hadn't 10 started your job at Emerald Hills at that time? 11 A. I don't recall I had, no. 12 Q. I didn't -- 13 A. I don't recall that I did, no. 14 Q. Okay. 15 I'm not quite sure I understand your answer. Are you saying you don't recall, or you don't think 16 you were working there then? 17 A. I don't believe that I was officially hired. 18 Q. All right. 19 understood that. 20 MR. REID: 21 I'm sorry. I just want to make sure I If we could take a look -- your Honor, with permission, could we put up page seven of Exhibit 178? 22 THE COURT: Yes. 23 Q. (By MR. REID) Okay. So the date of this inquiry 24 form is July 29th, 2008, correct? 25 A. That's correct. 26 Q. All right. 27 a telephone conversation that you had with Mr. Eric Boice 28 on that date? And is this -- this document reflecting MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2624 2625 1 A. Yes, it is. 2 Q. Okay. 3 you had with him? 4 it? 5 A. 6 ago. 7 trained to use. 8 Q. 9 find out if your memories of the discussion with Mr. Boice And do you recall the telephone conversation As you sit here, do you have a memory of Well, not exactly the call I made, it was so long But as I'm reading this, I followed the script I was Okay. That's what I want to find out. I want to 10 that day are based on reading this document, or if you have 11 some other memories about that phone call. 12 A. 13 document with him when we were speaking and I just filled 14 in the blanks. 15 Q. 16 anything else about the phone call with Mr. Eric Boice on 17 July 29th, 2008, other than what's written in here? 18 A. No. 19 Q. Okay. 20 middle of the page, where there's a reference to -- it 21 says, "Palms" and then "Myron came for tour." 22 23 I don't know a hundred percent. Okay. Let me ask it this way: I mean, I read this Do you remember I'm going to direct your attention to the Do you see that? A. Correct. 24 MR. REID: Okay. Whoops. 25 It's right in the middle. 26 Q. (By MR. REID) 27 A. Well, the question says: 28 currently live? That's not it. What is -- what is that referencing? Where does your, blank, And I wrote "The Palms." MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2625 2626 1 And Myron apparently had come in for a tour before I 2 was employed with Emerald Hills. 3 Q. Okay. 4 A. So I had not met him at the time. 5 Q. I see. 6 And then the next section, what are you recording in 7 the next section under that? 8 A. 9 interested in regarding a community and what was important I was talking to Eric about what his parents are 10 to them. And I just wrote down the answers that he gave 11 me. 12 Q. 13 that Mr. Eric Boice communicated that day? 14 A. 15 health club that had a pool so that he could swim, if I'm 16 not mistaken. 17 Q. Okay. 18 A. And he was still driving at the time. 19 to know, you know, where were some local shopping places he 20 could go to, what kind of excursions and tours that our 21 community offered. 22 Q. 23 that box referencing? 24 A. 25 Joan. 26 Q. 27 Boice communicated to you that day? 28 A. Okay. What was the number one priority or point Myron was still very active and he wanted to have a Okay. So he wanted And then in the next box below that, what is Concerns that the family had and Myron had about Okay. And what were the concerns that Mr. Eric That Joan used to be more social but now she's, you MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2626 2627 1 know, progressing into Alzheimer's. 2 falls, and she walks with a walker. 3 Q. 4 5 Okay. She occasionally Thank you. Now, I want to direct your attention to page 108 (sic), the next page of this form. 6 And what does this document reflect? Is this the 7 next communication you had with the Boice family? 8 A. Yes, it is. 9 Q. All right. And what was the purpose of making these 10 notations? 11 A. 12 community, and it was the follow-up regarding the tour that 13 I had conducted with them. 14 Q. 15 question on the screen that we're looking at here, what is 16 it that you're inquiring about now? 17 A. The overall impression of the community. 18 Q. And what did -- who were you talking to at this 19 time? Was it Eric or Mark? 20 A. Eric. 21 Q. What did Mr. Eric Boice tell you about his initial 22 impressions? 23 A. 24 friendly staff." 25 Q. 26 going to be living in the memory care if they decided to 27 move in, would your tour with Mr. Boice have included the 28 Memory Care Unit? Eric and his brother Mark came in to tour the Okay. And directing your attention to this first Well, my answer says, "Very nice, clean, and Considering that Mrs. Boice -- Mrs. Joan Boice was MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2627 2628 1 A. Yes, it would have. 2 Q. And then -- then Myron Boice was going to be in the 3 assisted living side, correct? 4 A. Correct. 5 Q. So what portions of the building would you have 6 toured with Mark Boice and Eric Boice with regard to where 7 Myron would be living? 8 A. For Myron? 9 Q. Yes. 10 A. It would have been the assisted living side. 11 Q. And help us understand where you would go on a tour, 12 understanding this was maybe one of the first ones, or 13 early in your career. 14 A. 15 Nancy with me at the time. 16 through the community, show them the activity room and the 17 dining room. 18 yesterday, I'd show them a couple different apartment 19 options to let them pick an apartment. 20 basic rooms. 21 you know, let them talk to the -- the chef or the cook. 22 Q. 23 Mr. Eric Boice on August 15th, describe for us whether that 24 was a response you were hoping to hear. 25 A. What part? 26 Q. When he said, "Very nice, clean, and friendly 27 staff," was that a good response? 28 A. Yeah. Okay. And I would imagine that I had Melissa or We would walk, you know, And then, again, like I think I said And then just the Look at the activity schedule, the dining -- And so the response you received from Of course. That -- It was a good response. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2628 2629 1 Q. 2 the next section. 3 whoops. 4 5 All right. Now, I want to direct your attention to Okay. The next question on the form -- Let's see. "How do you feel our community compares to the other options you've been looking at?" 6 Correct? Is that -- is that the next section there? 7 A. That's correct. 8 Q. All right. 9 Mr. Eric Boice in response to that question? And what was communicated to you by 10 A. 11 and Joan will be under the same roof. 12 Q. What's the next question that you asked Mr. Boice? 13 A. What do you -- 14 Q. Mr. Eric Boice, I apologize. 15 A. The next question is, "What do you feel is going to 16 be the deciding factor at the community you will choose?" 17 Q. And what did Mr. Eric Boice tell you that day? 18 A. Price. 19 Q. What's the next question that you asked? 20 A. "Was there anything in regards to price that you 21 would like further explanation? 22 Q. 23 Mr. Eric Boice that day? 24 A. 25 26 The price was good. All right. He liked the fact that Myron It can be confusing." And what response did you get from We agreed to rent a studio for same -MS. CLEMENT: response. Well, I object to the question -- the It's not responsive to the question. 27 THE WITNESS: Oh, I'm sorry. 28 MS. CLEMENT: You don't have to be sorry. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2629 2630 1 THE WITNESS: All right. 2 MS. CLEMENT: And it's also leading. 3 THE COURT: 4 Go ahead. 5 MR. REID: 6 THE WITNESS: Your objection is overruled. Thank you. Do you want me to read that? 7 Q. (By MR. REID) Tell us what you -- what -- based on 8 your notations that day, what Mr. Eric Boice's response was 9 to that particular question. 10 A. "We agree to rent a studio for the same price as 11 efficiency studio, 2500," because that was his initial room 12 he wanted and we rented it out. 13 Q. 14 that point in time? 15 A. 16 that Eric and Mark had looked at, or possibly Myron, before 17 I was there. 18 Q. 19 interim? 20 A. That's correct. 21 Q. And what -- what was the difference -- explain the 22 difference between a -- an efficiency studio and a studio 23 apartment? Okay. Do you know what you were referring to at Apparently, a studio that Myron -- or, excuse me, What's the difference -- it had been rented in the It wasn't available any more? 24 MS. CLEMENT: 25 THE COURT: 26 THE WITNESS: 27 Q. 28 that mean? Your Honor, it exceeds the scope. She can answer. (By MR. REID) The size of the apartment. Okay. Was there any -- what does How -- what's the difference in size? MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2630 2631 1 A. 2 it was a little smaller. 3 Q. 4 in, Mr. Myron Boice would get the larger studio apartment 5 for the price of an efficiency studio? 6 A. 7 would have negotiated. 8 Q. 9 10 I don't remember the difference in size, but I know So -- so was the agreement then that if they moved That would have been something that the director Okay. I did not negotiate price. Thank you. Now, at the bottom of the form you wrote the word "Suggestions." 11 Do you see that? 12 A. Yep. 13 Q. And an arrow? 14 A. Yes, I do. 15 Q. Okay. 16 number. 17 Right down there, right above the Bates stamp And then on the back of the form, what did you 18 write? 19 A. "Salad bar, open restaurant any time." 20 Q. Okay. 21 A. Myron wanted to have a salad bar. 22 important to him. 23 that he wanted to know would the dining room be open at any 24 time so that if he wanted to go down and get a snack could 25 he go down there. 26 Q. Did -- did Emerald Hills have a salad bar? 27 A. No. 28 Q. So was a deciding factor in Mr. Myron Boice moving What were you -- what did that mean? That was very And he also wanted -- his sons conveyed MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2631 2632 1 he and his wife into Emerald Hills, that they had a salad 2 bar? 3 MS. CLEMENT: 4 THE COURT: 5 Q. 6 Objection; it's leading. Sustained. Exhibit 178. 7 (By MR. REID) Okay. Could you turn to page 13 of The follow-up call that we just looked at, that was 8 August 15th, correct? 9 A. That's correct. 10 Q. Okay. 11 sent this e-mail to efboice@newyorklife.com? 12 A. That's correct. 13 Q. Is that Mr. Eric Boice's e-mail address? 14 A. Yes, that's his e-mail. 15 Q. All right. 16 of this e-mail? 17 A. 18 of the e-mail was to negotiate a deal to move the resident 19 in. 20 Q. 21 second to the last paragraph where you said, "I would also 22 encourage..." 23 And then four days later, you sent -- you (Verbatim.) Work e-mail. I just wanted to -- what's the purpose What were you trying to accomplish here? I had spoken with Nancy and Melissa, and the purpose Okay. I wanted to direct your attention to the What were you trying to communicate to Mr. Eric 24 Boice there? 25 A. 26 grandmother, I learned about VA assistance. 27 resource out there that not a lot of seniors know about. 28 And I had introduced this VA assistance program to the Again, since -- when I was working with my And so it is a MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2632 2633 1 Boice family, just in case Myron -- it would help him with 2 his rent. 3 Q. 4 whether Mr. Myron Boice received some assistance with his 5 rent? 6 A. 7 imagine he went and talked with them. 8 meticulous man. 9 Q. I did that with all potential residents. Okay. Do you know if that was followed up on or I don't -- I didn't know his finances. Okay. But I He was a very Going back up -- and I apologize for moving 10 up the document. 11 paragraph that says, "As discussed..." 12 But if we can take a look at the I wanted to ask you about the -- near the bottom of 13 the paragraph, it says, "Upon this agreement we will need 14 the $2500 community fee." 15 What is a community fee? 16 A. 17 the paperwork and prepare a room. 18 Q. 19 would pay the community fee, but the fee would be waived 20 for Mrs. Joan Boice if they both moved in? 21 A. 22 negotiate fees. 23 Q. 24 attention to a different exhibit -- 25 A. Okay. 26 Q. -- as we work through this. 27 you to grab exhibit -- sorry. 28 It's a fee paid up-front by a resident to process Okay. And was the proposal that Mr. Myron Boice To be honest, I don't remember. All right. Again, I didn't That was a director's involvement. Okay. Now, I want to direct your THE COURT ATTENDANT: And I'm going to ask I believe it's Exhibit 3. First book. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2633 2634 1 2 MR. REID: May I approach, your Honor? I'll help the witness. 3 THE COURT: 4 MR. REID: Yes. Thank you. 5 Q. 6 Exhibit 3 to pages 4 through 25. 7 8 (By MR. REID) I'm going to direct your attention in If you could just kind of take a look at those pages for a minute. 9 THE COURT: Okay. Can I just get some 10 clarification, because there's a Bates stamp number and 11 then there's numbers at the bottom of the pages. 12 So which do you want her to look at? 13 MR. REID: 14 The Bates -- mine -- the one I'm looking at, it has the BF number in front of it. 15 THE COURT: Okay. 16 that says "BF4." 17 MR. REID: 18 MS. CLEMENT: You want her to look at the page 19 questioning. 20 21 Yes. BF4. I would object to this line of It exceeds the scope, your Honor. THE COURT: I don't know where he's going on this, so let me find out. 22 MR. REID: 23 pages, BF4 through FB25? 24 Have you looked through that -- those (Pause.) 25 Q. (By MR. REID) Okay. Have you looked through those? 26 A. Briefly. 27 Q. Do you recognize those documents in general? 28 A. It's a resident agreement that the director would MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2634 2635 1 sign with the residents or the family when they came in. 2 Q. 3 director to -- when a family was considering moving in -- 4 provide them with these kinds of materials, the resident 5 agreement? Was part of your job as the -- as the marketing 6 MS. CLEMENT: 7 THE COURT: 8 Sustained. 9 Q. Vague as to time. "These kinds of materials"? (By MR. REID) Well, did you provide resident 10 agreements to families when they were considering deciding 11 whether to move in or not? 12 A. 13 with negotiations. 14 Q. 15 asked a question very specifically about a check that was 16 delivered to Emerald Hills at the end of August regarding 17 the Boices. 18 That was the director's job. All right. I didn't do anything Yesterday -- then yesterday you were Do you remember that? 19 A. Do I remember being asked about it? 20 Q. Yes. 21 A. I don't remember being asked about it. 22 Q. Do you remember it being suggested to you yesterday 23 that on August 30, 2008, the Boices submitted a -- Mr. -- 24 the Boice family submitted a check for $2500, and it was 25 suggested to you that that was a nonrefundable deposit? 26 27 28 MS. CLEMENT: argumentative. Objection, your Honor. It's And it's leading. THE COURT: Overruled. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2635 2636 1 THE WITNESS: I -- I don't -- I don't remember. 2 Q. (By MR. REID) When the families submitted a check 3 before the residents moved in, that wasn't a nonrefundable 4 deposit, was it? 5 A. 6 didn't do the negotiations. 7 Q. 8 whether the community fee was a refundable payment? 9 A. I don't remember. 10 Q. Okay. 11 A. I didn't handle any of the financial transactions. 12 Q. All right. 13 Boices submitted a nonrefundable deposit on August 30th, 14 you don't know whether it was nonrefundable or not; is that 15 correct? 16 A. I -- I don't know. 17 Q. You certainly didn't intend to communicate to the 18 jury that the Boices submitted a nonrefundable deposit, 19 correct? 20 A. It was not a nonrefundable? I don't remember. I The community fee -- did you ever come to learn I don't -- I don't know. So if you testified yesterday that the Because you wouldn't know. I'm sorry. Say that again. 21 MS. CLEMENT: 22 argumentative and leading. 23 THE COURT: Objection, your Honor. It's She's already answered the question. 24 Let's move on. 25 Q. 26 attention to Exhibit 5. (By MR. REID) 27 All right. 28 Okay. I'd like to now direct your And if you wouldn't mind turning to page 003 of Exhibit 5. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2636 2637 1 And let me just ask you first: Do you recognize 2 Exhibit 5? 3 A. 4 yes. 5 Q. The "You've Got Leads" software? 6 A. Yes. 7 Q. All right. 8 Exhibit 5, page 1? 9 A. 10 11 Is that a document you're familiar with? It's part of the marketing software that we used, And what is the inquiry date listed on 9/3/2008. MR. REID: I believe this has been admitted into evidence, your Honor. 12 May I display the third page? 13 THE COURT: Yes. 14 Q. 15 document goes in reverse chronology, so we'll start from 16 the bottom and go to the top. 17 18 (By MR. REID) I'm going to work backwards. The Directing your attention to the entry at the bottom here, September 11th, 2008, at 6:05 p.m. 19 Do you recognize an entry by you into the "You've 20 Got Leads" system? 21 A. It has my name on it. 22 Q. Okay. 23 "You've Got Leads" system? 24 A. 25 Joan in. 26 about her medication, and she still needs to be evaluated 27 by Peggy and, also, bring all her medication with her. 28 would prefer to move her in during the week because more And what did you record at that time into the "Spoke with daughter-in-law Kathleen about moving I explained that we need her doctor's paperwork MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS I 2637 2638 1 staff is here and we want to make sure a transition is 2 smooth." 3 Q. 4 to be evaluated by Peggy," was that referring to Joan 5 Boice? 6 A. Yes. 7 Q. Okay. 8 A. The nurse does -- the nurse evaluates the resident 9 to see what level of care she needs. (As read.) Okay. And what did that mean? 10 Q. 11 whether Joan Boice was ultimately appropriate or not to 12 move into Emerald Hills? 13 A. That's not my decision. 14 Q. Whose decision was it? 15 A. The nurse. 16 Q. Now, the entry above that, Monday, September 15th, 17 2008, do you recognize an entry by you there? 18 A. It has my name on it. 19 Q. And what did you enter into the "You've Got Leads" 20 system at that time? 21 A. "Called Eric to see how the weekend went with Joan 22 here. I also let him know we need some paperwork back from 23 him along with a check to settle up rent. 24 call back." 25 Q. So you left him a message? 26 A. Apparently so. 27 Q. All right. 28 Okay. Focusing on that statement, "she still needs Would it be your decision, determination of Asked him to (As read.) If we could turn to page two then. And directing your attention then on the next entry, MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2638 2639 1 Tuesday, September 16th, 2:30 p.m. 2 What did you enter into the "You've Got Leads" 3 system at that time? 4 A. 5 that says, Hi -- "Hey, Eric. 6 yesterday. 7 the paperwork needed to finalize the move-in for your 8 parents. 9 If you could bring those back, completed and signed, we I -- it looks like I copied and pasted an e-mail I left you a voice mail Apparently we have not collected the rest of It is in the binders that I gave you last week. 10 will make copies for your records." 11 Q. 12 with regard to these binders. 13 Okay. Let me stop you there. (As read.) I have a question Do you -- do you have a recollection, in general, of 14 what you're referring to with these binders? 15 A. 16 printed -- the director would print the agreement -- the 17 resident agreement, and we would put it in a binder for the 18 family. 19 Q. 20 needing to get back from Mr. Boice to finalize this whole 21 move-in? 22 A. Honestly, I don't remember. 23 Q. Now, what was the next portion of the e-mail 24 communication that you entered into "You've Got Leads"? 25 A. 26 parents for the remainder of September. 27 the days and the following breakdown is what is due. 28 can submit one check and we will allocate the funds where When a resident moved in, the family -- we Okay. And what paperwork, if you remember, were you "Also, we would need to square away rent for your I have prorated MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS You 2639 2640 1 they're needed." 2 Q. 3 charged just for a portion of September? 4 A. It sounds like it. 5 Q. All right. 6 afternoon on September -- Tuesday, September 16th, you made 7 another entry there? 8 A. Yes, I did. 9 Q. Okay. Okay. (As read.) And so ultimately, were Mr. and Mrs. Boice This -- I -- yeah. And then the entry for later that And what did you enter into the system that 10 day? 11 A. 12 paperwork and check." 13 Q. 14 Mr. -- Mr. Eric Boice came in to Emerald Hills on September 15 17th with the paperwork to be completed? 16 A. 17 transition that the director would have taken care of. 18 Q. "Eric called to say he will be in tomorrow with the Okay. And do you know as you sit here whether I would imagine he would. Again, that's a Now, I do want to follow up -- 19 MR. REID: Thank you, Mr. Taylor. 20 THE COURT ATTENDANT: 21 Q. 22 testimony about your employment, kind of starting at the 23 back. 24 left. 25 26 (By MR. REID) You're welcome. I wanted to follow up on some of your You gave us an explanation yesterday of why you If I could ask you to refer to Exhibit 91. And I'll help you grab that. 27 MR. REID: 28 If I may, your Honor? (Pause.) MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2640 2641 1 Q. 2 specifically to page 22. 3 4 (By MR. REID) I'd like to direct your attention So it would be 91, dash, 22. Do you have that in front of you? A. 5 I do. (Joint Exhibit Number 91, page 22, was marked for 6 identification.) 7 Q. 8 that page? 9 A. Yes, I do. 10 Q. It's a corrective action that was directed to you on 11 March -- well, you signed on March 13th of 2009. 12 A. It says March 11th. 13 Q. Okay. 14 15 16 17 18 19 20 21 (By MR. REID) Do you recognize your signature on March 11th of 2009. MR. REID: Your Honor, I'd offer this document, page 22 of Exhibit 91 into evidence. MS. CLEMENT: The plaintiff has no objection to moving the entire exhibit into evidence. MR. REID: I'm just interested in a couple documents at this time, your Honor. THE COURT: All right. At this point then, just 91, dash, 22 will be admitted out of Exhibit 91. 22 MR. REID: 23 (Joint Exhibit Number 91, page 22, was received into 24 25 26 Thank you. evidence.) MR. REID: And may I display that particular page, your Honor? 27 THE COURT: 28 MR. REID: Yes. Go ahead. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2641 2642 1 Q. 2 a corrective action -- a corrective action document? 3 A. 4 written reprimand on something that an employee did not do 5 apparently. 6 Q. 7 receiving this reprimand from -- 8 A. Yes, I do. 9 Q. And who did you receive it from? 10 A. Rich Lee. 11 Q. And who was he? 12 A. He was the executive director that came in after 13 Nancy. 14 Q. 15 you had -- you have a dispute to it, but what were you 16 being reprimanded for? 17 A. 18 communicate in a stand-up meeting that we would have a 19 physical move-in to the executive director or wellness 20 coordinator. 21 (By MR. REID) So in March of 2009 -- well, what is Well, it's the first one I ever received. Okay. It is a Do you -- do you recall having this -- All right. And -- and tell the jury what -- I know Well, he's saying that I did not verbally "The family arrived at Emerald Hills and Melissa was 22 not here, and they state they had an appointment to meet 23 with Melissa. 24 not remember setting a time to meet with the family. 25 Melissa stated that she wrote the move-in on the flash 26 meetings binder and our tracking calendar for move-ins or 27 move-outs. 28 First, the keys for the family to the resident's room were When talking with Melissa, she said she did A few things were not prepared for the move-in. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2642 2643 1 missing. This is the second time -- this is the second 2 time on the day of move-in that Melissa did not 3 communicate. 4 by Melissa was on 2/2/09." 5 Q. And "Melissa," that's referring to you? 6 A. That's correct. 7 Q. Okay. 8 way? 9 A. Yes, I do. 10 Q. Did you provide a copy of it to Ms. Clement? 11 A. Yes, I did. 12 Q. When did you do that? 13 A. Um, after I was subpoenaed. 14 Q. Okay. 15 action, it was asserted that you didn't carry out 16 instructions which led to substandard work. 17 A. That's what was said. 18 Q. Okay. 19 signed this document, what did you say? 20 A. 21 and will submit my rebuttal by 2/13/09 -- or, excuse me, 22 3/13/09. 23 Q. 24 when you met her at her office? 25 A. 26 here. 27 Q. What else did you give her? 28 A. I don't think I gave her -- I think I just gave her The first time a move-in wasn't communicated (As read.) Do you have a copy of this at home, by the And so you were -- based on this corrective And then at the bottom, in fairness, when you I said: I do not agree with the allegations written What other documents did you present to Ms. Clement My rebuttal. The rebuttal that's attached right MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2643 2644 1 the rebuttal. 2 Q. Okay. 3 A. I don't remember. 4 Q. You didn't have any other documents, other than the 5 corrective action and the rebuttal? 6 A. 7 home. 8 Q. 9 Ms. Clement when you met with her in late December or I -- I don't remember. I have all the documents at Well, when did you -- what did you give to 10 January of this year? 11 A. 12 And I don't recall. 13 her the other documents because I didn't know -- I don't 14 remember. 15 Q. 16 correct? 17 A. Yes. 18 Q. And that has your signature on it? 19 A. Yes, it does. 20 Q. All right. 21 22 I gave her this corrective action and the rebuttal. Okay. I'd have to -- I don't know if I gave The rebuttal is Exhibit 91, 23, dash, 24, MR. REID: I'd move Exhibit 91, pages 23 and 24 into evidence, your Honor. 23 THE COURT: 24 MS. CLEMENT: 25 (Joint Exhibit Number 91, pages 23 and 24, was 26 27 28 Any objection? No, your Honor. marked for identification.) THE COURT: All right. We'll add in 23 and 24 then as admitted. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2644 2645 1 (Joint Exhibit Number 91, pages 23 and 24, was 2 received into evidence.) 3 MR. REID: Thank you, your Honor. 4 Q. 5 page 24, the wrap-up portion. 6 (By MR. REID) I'm just going to go ahead and go to In general, though, can you describe -- it's fairly 7 comprehensive. 8 attempting to communicate in your rebuttal statement. 9 A. Do you mean just the wrap-up part or everything? 10 Q. Well, the document -- what was the purpose of the 11 document? 12 A. 13 percent correct. 14 corrective action. 15 down my rebuttal. 16 Q. 17 at the time that -- in March of 2009? 18 A. He was my boss. 19 Q. Mm-hmm. 20 A. Fairly well, yes. 21 Q. Did you respect him? 22 A. That's a hard one. 23 think I had very much respect for him with his lack of 24 knowledge. 25 Q. 26 page 24. 27 28 Can you describe to the jury what you were I didn't believe these allegations were a hundred Okay. And I didn't feel that this warranted a And so I gathered my thoughts and wrote What was your relationship with Mr. Lee like Did you get along with him okay? Um, I worked with him. I don't Now, I do want to ask you a couple questions about Actually, I just have -- very few. MR. REID: If we could put that up, your Honor? Is that all right? MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2645 2646 1 THE COURT: Go ahead. 2 Q. 3 your attention to the last -- 4 (By MR. REID) MR. REID: In your rebuttal, I'm going to direct Could you pull up the middle paragraph 5 there, the large one that starts with, "With the 6 introduction..." 7 Q. 8 there. 9 were you communicating there? (By MR. REID) You're kind of making your case "In the eight months I've been employed..." what 10 A. I said, "In the eight months I have been employed 11 with Emerald Hills and the 46 residents I have moved in 12 during this time, the past month has been the first time it 13 has ever been brought to my attention that I have lacked 14 communication with the move-in." 15 Q. 16 pretty successful, at least from your perspective, in -- in 17 your job of bringing residents into the community. 18 A. I think I was. 19 Q. Okay. 20 those residents or -- strike that. 21 admitted the residents. 22 A. I did not. 23 Q. Did you ever have concern when those people were 24 moving in that they weren't appropriate for being there? 25 A. 26 question. 27 Q. 28 page 20 of Exhibit 91. Okay. (As read.) And I think you said yesterday you'd been And at any of those times when you admitted Because you didn't I know that. As I got further into my job, I was starting to Okay. Now, I want to now direct your attention to MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2646 2647 1 MS. FORD: Is that admitted? 2 MR. REID: No, but -- not yet. 3 Q. 4 signature, correct? 5 A. 6 (By MR. REID) That's also a document that has your Yes. (Joint Exhibit Number 91, page 20, was marked for 7 identification.) 8 Q. 9 from Mr. Lee to you in April of 2009? (By MR. READ) 10 A. Q. You're acknowledging an e-mail Yes. 11 Okay. Okay. 12 13 MR. REID: I'd move Exhibit 91, page 20 into evidence, your Honor. 14 MS. CLEMENT: 15 As I stated, I have no objection to moving the 16 entire exhibit in. 17 18 THE COURT: All right. Page 20 is admitted in Exhibit 91. 19 20 No objection. (Joint Exhibit Number 91, page 20, was received into evidence.) 21 MR. REID: Thank you. 22 May I display that page, your Honor? 23 THE COURT: Yes. 24 Q. (By MR. REID) What -- do you have a recollection of 25 this e-mail? 26 A. I do. 27 Q. All right. 28 Ms. Clement in January or December when you met with her? Is this an e-mail that you gave to MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2647 2648 1 A. I don't -- I don't believe I did. 2 Q. Is this a e-mail you have? 3 A. No. 4 MS. CLEMENT: It's not an e-mail, your Honor. 5 THE WITNESS: It's a -- 6 Q. (By MR. REID) Oh, I apologize. 7 a document you have in your possession? 8 A. 9 don't know. I'd have to go back and look. 10 Q. 11 I may be -- is this I don't think so. I Is this a document that you presented to Ms. Clement when you met with her? 12 MS. CLEMENT: Asked and answered. 13 THE COURT: 14 THE WITNESS: Um, no. (By MR. REID) Okay. She can answer. 15 Q. 16 of this communication, tell the jury what it involved. 17 A. Do you want me to read that? 18 Q. Actually, not -- not unless you can just tell us, 19 summarize it. 20 A. 21 just read this. 22 (Pause.) 23 THE WITNESS: Okay. Since you have a recollection If you need to read it, that's okay. I just -- I had a phone call with -- let me I had a phone call with the regional 24 director which was Ronda. 25 director regarding some concerns that I had voiced, as well 26 as job expectations. 27 Q. 28 that during the telephone call with Miss Smith and Mr. Lee (By MR. REID) Okay. And I spoke with our executive And do you have a recollection MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2648 2649 1 that you expressed an interest in becoming the memory care 2 neighborhood -- the director of the memory care 3 neighborhood? 4 A. Yes, I did. 5 Q. At that point in time, in April of 2009, was it a 6 desire of yours to stay and work at Emerald Hills in a 7 management position? 8 A. Absolutely. 9 Q. At that point in time, April 2, 2009, which of the 10 46 or so residents that you helped moved into Emerald Hills 11 had you come to determine probably weren't appropriate to 12 live there? 13 A. 14 my concerns up to the directors and to my immediate boss 15 numerous times. 16 Q. 17 raising concerns with your -- your supervisors that you 18 just testified about? 19 A. 20 don't recall. 21 Q. 22 of this conference call was April 2nd, 2009; is that 23 correct? 24 A. I imagine it is. 25 Q. Okay. 26 April 2nd of 2009? 27 A. No. 28 Q. Then I'd like you to look at page 19, one page I -- I don't remember specifically. Okay. But I brought Do you have any documents that reflect you I don't -- I don't think I have any documents. I I don't have any documents, I don't believe. All right. Then I'd ask you -- that -- so the date Do you have any reason to think it wasn't MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2649 2650 1 ahead. 2 (Joint Exhibit Number 91, page 19, was marked for 3 identification.) 4 Q. 5 letter of resignation from Emerald Hills? 6 A. Yes, it is. 7 Q. And what's the date of that letter? 8 A. April 9th. 9 Q. So that was about a week later, after the meeting -- (By MR. REID) Can you confirm that that's your 10 the conference call? 11 A. That's -- that's correct. 12 Q. And that's your signature on the letter, correct? 13 A. Yes, it is. 14 15 MR. REID: All right. Exhibit 91 into evidence, your Honor. 16 MS. CLEMENT: 17 THE COURT: 18 Nineteen is admitted as part of (Joint Exhibit Number 91, page 19, was received into evidence.) 21 22 No objection. Exhibit 91. 19 20 I'd move page 19 of MR. REID: All right. If we could put it up, your Honor? 23 THE COURT: Go ahead. 24 Q. (By MR. REID) Okay. What day did you actually stop 25 working at Emerald Hills? 26 A. Thursday, April 30th, 2009. 27 Q. Okay. 28 whatever -- the month with Emerald Hills? So you finished out your two weeks or MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2650 2651 1 A. Yes, I did. 2 Q. And you testified yesterday that you had done all 3 the training for -- to be a RCFE administrator. 4 A. Yes, to understand Title 22 better. 5 Q. And had you done it by April 2 of 2009, the date of 6 your resignation? 7 A. I don't know if I had completed the course at the 8 time. I don't recall. 9 Q. Did you ever take the test to be an RCFE Yes, I did. 10 administrator? 11 A. Yes, I did. 12 Q. And when did you take that test? 13 A. It was towards the end. 14 look at my paperwork because I have the documents and the 15 day that I passed. 16 Q. Towards the end of, what, of your -- 17 A. Towards the end of my employment. 18 test was in June. 19 Q. 20 administrator classes? 21 A. 22 when I took the course. 23 Q. 24 Emerald Hills and become the executive director? 25 A. 26 eventually be groomed into an executive director position, 27 yes. 28 Q. Okay. I'd have to go back and I don't remember. And I believe the I can't remember the date of the test. When did you start doing your RCFE It had to be roughly around or after this time is And was there a desire on your part to stay at My desire was to grow with the company and So your last day of employment was April 30th of MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2651 2652 1 2009. 2 A. That's correct. 3 Q. Was there ever a time that you called the Department 4 of Social Services to report your concerns about residents 5 living at Emerald Hills that were being neglected? 6 A. No. 7 Q. Okay. 8 9 I -Did you ever call them -- MS. CLEMENT: Objection, your Honor. She didn't complete her answer. 10 THE COURT: She was, but it may be going beyond the 11 scope of the question. 12 answer. 13 Q. 14 call the Department of Social Services to report any 15 concerns about staffing levels, or training levels, or the 16 physical operations, improper residents at Emerald Hills? 17 A. 18 marketing director. 19 Q. And my question is -- 20 A. No. 21 Q. -- did you call the Department of Social Services? 22 A. I did not call the Department of Social Services. 23 Q. Did you call the ombudsman to report any of those 24 things? 25 A. No, I did not. 26 Q. When you left on April 30th, 2009 -- well, back up a 27 step. 28 (By MR. REID) It called for a "yes" or "no" Did you ever call -- did you ever I spoke to my director and my regional sales and One of the things you expressed yesterday is a true MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2652 2653 1 connection and concern for the residents at Emerald Hills, 2 right? 3 A. That's -- that's correct. 4 Q. Part of your family, right? 5 A. I was close with some of the residents, yes. 6 Q. All right. 7 30th, 2009, were you concerned about the well-being of 8 those people? 9 A. And so after -- when you left on April I was, but I didn't feel like there was anything 10 else I could do. I reported it to my -- my supervisors and 11 my boss. 12 channels. 13 Q. 14 an RCFE administrator, did you learn about the obligations 15 of a mandated reporter? 16 A. Eventually. 17 Q. Is that your understanding? 18 A. I believe so. 19 Q. And you passed the certification to be an RCFE 20 administrator? 21 A. 22 Emerald Hills. 23 Q. 24 about your preparation to testify. 25 A. Okay. 26 Q. Okay. 27 right, and please correct me if I'm wrong, that you had one 28 meeting with Miss Clement or anyone from her office. I thought I was going through the proper Okay. Did -- when you were taking your classes as And I believe that's the director. When I passed, I was no longer working at Okay. Now, I want to follow up a little bit more You testified yesterday, if I have this MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2653 2654 1 A. I had a meeting in Lesley's office, yes. 2 Q. Okay. 3 entire time this case has been pending, correct? 4 A. Yes. 5 Q. And that -- that's one time that you communicated 6 with anyone from Ms. Clement's office in any way about your 7 experiences at Emerald Hills, correct? 8 A. No. 9 Q. All right. 10 A. That's not correct. 11 Q. So what other communications have you had with 12 Ms. Clement's office about your experiences at 13 Emerald Hills? 14 A. 15 terminated my employment from Emerald Hills. 16 me what I knew about the Boice family. 17 and shared my experiences and as much as I knew. 18 gave -- you know, she asked me questions, and I answered 19 her as honestly as I could remember. 20 Q. 21 Ms. Clement shortly after you left? 22 A. No. 23 Q. Didn't Miss Clement or someone from her office come 24 and interview you at your in-laws' home where you were 25 living at the time? 26 A. Oh, I'm sorry. 27 Q. Who did you meet with then? 28 A. Um, I don't remember her name. And you had one meeting with her office the I was contacted by Miss Clement shortly after I She had asked And I cooperated And I Wasn't that a face-to-face meeting you had with That was over the phone. Yes. But it was not Miss Clement. I think it might MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2654 2655 1 have been Valerie. 2 Q. 3 understand. 4 5 I'm not quite sure. Did that meeting -- I apologize. I want to Did you -- when I was asking you about your meetings yesterday, did you not remember that meeting? 6 MS. CLEMENT: 7 argumentative. 8 Objection, your Honor. It's person. 9 And his question yesterday was meeting in THE COURT: Sustained. 10 Q. 11 Valerie shortly after -- when you were living at your 12 in-laws' house? 13 A. Right. 14 Q. And when I was asking you about meetings with 15 Miss Clement or her office yesterday, had you forgotten 16 about that meeting? 17 A. 18 after I had been subpoenaed. 19 Q. 20 any time you had a meeting? 21 A. 22 (By MR. REID) Well, when -- you met in person with I thought it was -- I thought we were talking about So you didn't understand that I was asking you about No. And I'm sorry. MS. CLEMENT: Objection, your Honor. 23 his question from yesterday. 24 It misstates leading. 25 THE COURT: And it's argumentative and She can answer. 26 Q. (By MR. REID) So that was a couple years ago that 27 you met with Valerie, Ms. Clement's attorney, correct? 28 A. Yes. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2655 2656 1 MS. CLEMENT: 2 MR. REID: Valerie is not my attorney. 3 It misstates the evidence. That's true. 4 Q. (By MR. REID) Valerie, an attorney with 5 Ms. Clement's office? 6 A. Correct. 7 Q. That meeting was a couple of years ago? 8 A. Yes, it was. 9 Q. And it lasted between an hour and two hours, 10 correct? 11 A. 12 little while, yes. 13 Q. 14 lawyer with Miss Clement's office, did you talk about -- 15 what did you talk about? 16 A. 17 I'm sure they asked me about my work history. 18 so long. 19 asked me. 20 Q. 21 affiliated with Ms. Clement's office about this 22 conversation that you had with Miss Smith, where she 23 apparently, as you recall, told you to go in your office, 24 shut the blinds, lock the door, and sell the building? 25 A. When was the first time? 26 Q. Right. 27 A. It could have been with that meeting. 28 remember. I -- I don't know how long it was lasted. It was a And at that point in time, when you met with the They asked me my experience with the Boice family. It's been I just -- I don't remember everything that they When was the first time that you told anybody I don't MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2656 2657 1 Q. 2 was questioning you, she already knew that you had that -- 3 you were going to give that testimony? 4 5 So was it your expectation that when Miss Clement MS. CLEMENT: Objection, your Honor. It's vague and argumentative. 6 THE COURT: 7 (Whereupon an unreported bench conference was then 8 Counsel approach, please. had in open court between the Court and counsel.) 9 THE COURT: 10 All right. The objection is sustained. Please rephrase. 11 Q. (By MR. REID) So did you have any understanding 12 yesterday whether Miss Clement was aware of this statement 13 that Miss Smith supposedly made to you about you going in 14 office, closing the blinds and selling the building? 15 A. Prior to? 16 Q. Yesterday. 17 A. Yes. 18 Q. Okay. 19 about your state of mind and your thoughts about Emeritus 20 and Emerald Hills. 21 A. Now, as of January 2012, I want to ask you Okay? Okay. 22 MS. CLEMENT: 23 MR. REID: May I -- I'm sorry. January 2012? Correct. 24 Q. (By MR. REID) A year ago -- a year ago this month. 25 Okay? 26 A. Okay. 27 Q. Focus at that time. 28 A. I'll try. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2657 2658 1 Q. 2 loved working for Emeritus? 3 A. 4 beginning, I was excited to work with Emerald Hills, yes. 5 Q. 6 about working at Emeritus, didn't you say that you loved 7 working for Emeritus? 8 9 All right. Do you recall being of the mind that you I loved working with the residents. Miss Gratiot, when you were asked in January of 2012 MS. CLEMENT: Where? 10 And in the Objection; it's vague. Asked by whom? What? THE COURT: Can we be more specific, please. 11 Q. (By MR. REID) Do you remember giving a statement to 12 representatives of Emeritus in January of 2012 about your 13 job experience? 14 A. Um -- 15 MS. CLEMENT: 16 MR. REID: 17 THE COURT: It's still vague, your Honor. In January, 2012. You're going to have to be more 18 specific. 19 Q. 20 Miss Kim Wells in January of 2012 for about an 21 hour-and-a-half on the phone -- 22 A. Yes. 23 Q. -- about your experience? 24 A. Yes, I do. 25 Q. Okay. 26 loved working for Emeritus? 27 A. Yes, I do. 28 Q. And do you remember telling her that you loved (By MR. REID) Okay. Do you remember speaking to And do you remember telling her that you MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2658 2659 1 working at Emerald Hills? 2 A. Yes, I did. 3 Q. And do you remember telling her that while you were 4 working at Emerald Hills, you met Granger Cobb, who was the 5 co-CEO and president of Emeritus at that time, and you 6 thought he was extremely nice and caring? 7 A. 8 were in a company-wide meeting, and I saw him and listened 9 to him speak. I did not personally meet him. I may have. But we And I was -- I was impressed with him. I 10 thought he was very caring -- I thought he was very 11 dedicated, yes. 12 Q. 13 you would still be working at Emerald Hills today if you 14 hadn't been forced out by Mr. Lee and Miss Smith? 15 A. I'm sure I said that to her. 16 Q. And do you remember telling her that you thought 17 Nancy Cordova was a competent executive director? 18 A. At the time I felt she was, yes. 19 Q. And do you remember telling Miss Wells in January of 20 2012, that you liked Peggy; you thought she was good at her 21 job; and you never had any concerns about her abilities to 22 do her job? 23 A. 24 liked her. 25 Q. 26 to Miss Wells? 27 A. Yes, I did. 28 Q. And do you remember when Miss Wells asked you about Okay. And do you remember telling Miss Wells that I never questioned her ability to do her job. I I got along with her. Okay. Did -- did you -- did you make that statement MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2659 2660 1 your recollections of the Boice family, you told her you 2 had no recollection whether you were there the day 3 Mrs. Boice moved in? 4 A. I don't recall I said that. 5 Q. In January of 2012, did you have a recollection of 6 the day Mrs. Boice moved into Emerald Hills? 7 A. I was there the day that they were there, yes. 8 Q. Okay. 9 about the day Mrs. Boice moved in, didn't you tell And in January of 2012, when you were asked 10 Miss Wells you didn't remember that day? 11 A. I don't recall saying that to her. 12 Q. Do you remember telling Miss Wells that -- that -- 13 that you did, indeed, remember Mr. Myron Boice visiting 14 Joan Boice every day, at least while you were working 15 there? 16 A. 17 to visit his wife often, yes. 18 Q. 19 January of 2012, you recalled that he was worried about his 20 wife because she had dementia? 21 A. 22 she was progressing with dementia, yes. 23 Q. 24 specific. Mr. Boice went over to the memory care neighborhood Okay. And do you recall telling Miss Wells that in Well, she was in the memory care neighborhood, so Okay. Okay. I would imagine. I'm going to ask -- I want to be real 25 Do you remember telling Miss Wells that Mr. Myron 26 Boice told you he was worried about his wife because she 27 had dementia? 28 A. I -- honestly, I don't remember saying that. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2660 2661 1 Q. Do you remember telling her that he was worried 2 about his wife because he wasn't living with her any more? 3 A. 4 I don't remember. 5 Q. 6 Mr. Boice expressed -- I don't recall if I said that or not. Do you remember telling Miss Boice (sic) that 7 THE COURT: 8 MR. REID: 9 Q. I could have. Remember telling Miss Boice? I apologize. (By MR. REID) Do you remember telling Miss Wells 10 that Mr. Myron Boice told you he was concerned because he 11 wasn't able to personally take care of his wife any more? 12 A. 13 been over a year since I spoke with her. 14 Q. 15 call with Miss Wells, do you remember saying anything about 16 people being neglected at Emerald Hills? 17 A. 18 I shared with her is the same stuff that I shared with 19 Clement. 20 probably telling her more than I should have. 21 to be as honest as I could. 22 Q. 23 you tell Miss Wells in January of 2012, that you remember, 24 that you thought people were being -- residents were being 25 neglected at Emerald Hills when you worked there? 26 A. I'm sure I did. 27 Q. So the meeting -- you had the meeting with Valerie, 28 the attorney affiliated with Ms. Clement's office a few I -- I don't recall if I said that or not. It's Now, when you had that hour-and-a-half telephone I was very honest with her about -- everything that And I do remember telling Miss Wells that I was Okay. And I tried I'm going to ask you real specifically, did MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2661 2662 1 years ago? 2 A. Right. 3 Q. And you had the meeting with Ms. Clement in January 4 that lasted about a half an hour? 5 A. 6 it was December or January. 7 Q. Right. 8 A. It was about -- yeah. 9 Q. Okay. I -- I think I said yesterday I didn't remember if Yes. Has there been any other communications in 10 any form or fashion between you and representatives of 11 Miss Clement's office since you left Emerald Hills? 12 A. Yes. 13 Q. What other communications have you had? 14 A. Um, with phone conversations and e-mails with 15 Miss Clement. 16 Q. 17 Ms. Clement? 18 A. 19 subpoenaed, I've called her numerous times. 20 been on the stand before. 21 what kind of things are going to be asked and how should I 22 prepare. 23 Q. 24 calls like -- in that fashion with Miss Clement since you 25 were subpoenaed? 26 A. 27 her numerous times. 28 Q. How many phone conversations have you had with I don't know how many. Um, since I've been I've never I don't know what to expect and So can you estimate for us how many times you've had I don't have a number. Okay. But I know that I spoke with Well, when were you subpoenaed? MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2662 2663 1 A. Um, I think it was mid or late October. 2 Q. Okay. 3 conversations you've had with Miss Clement, you also had 4 e-mail communications with her? 5 A. Yes. 6 Q. And how many e-mails have you exchanged with 7 Miss Clement? 8 A. 9 was -- I don't know. And then in addition to the telephone I don't know. 10 Q. One or two? 11 A. 13 number. 14 Q. 15 Or ten or twenty? It estimate? 12 I didn't -- I haven't kept track. Miss Clement? I don't think I had 20. I don't know the exact When was the last e-mail that you got from 16 MS. CLEMENT: 17 THE COURT: 18 MS. CLEMENT: 19 Can you give us an Miss Clement." Objection. Overruled. It's leading. "That you got from That wasn't her testimony. 20 THE COURT: 21 Overruled. THE WITNESS: Um, I don't -- it was within the last 22 week or so, I would imagine. 23 Q. 24 the e-mails that you were exchanging with Ms. Clement or 25 her office? 26 A. 27 with her -- at some point, I journaled things that I 28 remember about Emerald Hills and my experiences. (By MR. REID) What were -- what were -- what was in I shared with her things -- let's see. When I spoke MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS And I 2663 2664 1 know that I've sent that to her. 2 me if I've recognized documents or if they were in 3 publication when I was working there. 4 Q. 5 between when Ms. -- Valerie, the lawyer from -- with 6 Ms. Clement's office, met with you at your in-laws' house a 7 couple years -- 8 A. It's my mother's house. 9 Q. I apologize. 10 Okay. She's e-mailed me, asking So now I want to focus on the time frame Your mother's house. Between that time and the time you got the subpoena, 11 what communications did you have in any form or fashion 12 with Ms. Clement or her office? 13 A. From when I met with Valerie? 14 Q. Correct. 15 A. I didn't talk to -- I haven't talked to them often. 16 Mostly since the subpoena started, I believe. 17 Q. 18 between you and Ms. Clement's office in any way, shape, or 19 form between the meeting at your mom's house with Valerie 20 until you got the subpoena? 21 A. I'm sure there was, but I don't recall. 22 Q. Why are you sure there was communications? 23 A. She probably had asked me further questions or 24 follow-up. 25 Q. 26 Ms. Clement prepare the case against Emerald Hills? 27 A. 28 haven't helped her prepare for the case. Okay. So do you think there was no communications I don't remember. Have you been -- haven't you been helping I've given her information that I know, but I MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2664 2665 1 Q. Now, within the last two weeks, we, on behalf of 2 Emerald Hills, reached out to you to try to talk to you 3 about your testimony, right? 4 A. That's correct. 5 Q. And we asked an investigator to go and get a 6 statement from you, right? 7 A. I was unaware he called me. 8 Q. Okay. 9 A. A strange gentleman knocked on my door during the He actually went and he knocked on your door. 10 day when I was home alone, yes. 11 Q. 12 questions about -- about your experience at Emerald Hills 13 and your testimony in this trial, right? Okay. And you knew he was somebody there to ask you 14 MS. CLEMENT: 15 THE COURT: 16 Leading and lacks foundation. THE WITNESS: She can answer. After he sat in my front yard for at 17 least 20 minutes, I realized it must be this private 18 investigator. 19 because I do not answer the door to strangers when I'm home 20 alone. 21 Q. 22 talk to you about what you were going to testify to in 23 trial, right? 24 A. I didn't feel like I had any more to say. 25 Q. And did he make that clear to you? 26 A. He said he had a couple follow-up questions. 27 Q. Okay. 28 with Emeritus, right? And I did not want to answer the door (By MR. REID) He made it clear that he wanted to And he identified himself as being affiliated MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2665 2666 1 A. On the phone, yes. 2 Q. And you didn't give him any information, did you? 3 A. No, I did not. 4 Q. You picked up the phone and you called Ms. Wells' 5 assistant, didn't you? 6 A. Yes, I did. 7 Q. And you told her you were going to call the police 8 if that man didn't leave your house, right? 9 A. I don't know if I threatened to call the police. I 10 said situations like this would make me want to call the 11 police. 12 Q. 13 exchanging with Ms. Clement? 14 A. I had no reason to keep them. 15 Q. So they're all deleted? 16 A. I would imagine most of them are deleted, yes. 17 Q. Were those sent to your -- what's your e-mail 18 account? 19 A. 20 you? 21 Q. 22 e-mail address? 23 A. I just think that's personal. 24 Q. Did you share it with Ms. Clement? 25 A. Yes. 26 27 28 Do you still have the e-mails that you've been I don't -- do I have to give my e-mail address to I'd like -- do you not want to share with me your MR. REID: have. No. Your Honor, those are all the questions I Thank you. THE COURT: Miss Clement? MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2666 2667 1 MS. CLEMENT: 2 THE COURT: Yes, your Honor. Well let me ask you this, because we are 3 kind of at our break time. 4 more than, say, five minutes or so of questions? 5 we'll take our break now. 6 MS. CLEMENT: 7 THE COURT: 8 MS. CLEMENT: 9 If so, I don't think so. All right. At this time, your Honor, plaintiffs would seek to move into evidence all of Exhibit 91. 10 THE COURT: 11 MR. REID: 12 THE COURT: 13 MR. REID: 14 Are you going to be -- have Is there any objection? Yes, your Honor. What is the objection? The objection is that there's no foundation for all of Exhibit 91. 15 MS. CLEMENT: Your Honor, Exhibit 91 was produced by 16 the defendants -- it was under subpoena -- at the 17 deposition of Sharon Davis in June of 2011. 18 authenticated. 19 gave proper notice three months in advance. 20 other personnel files besides Miss Gratiot's were moved 21 into evidence. 22 pieces of this personnel file. 23 It was It's part of personnel files, of which we All of the And the defendant has moved in selected THE COURT: Ladies and gentlemen, we're going to 24 take our morning break now. 25 chairs. 26 Leave your notebooks on the five after 11:00. Remember the admonitions. 27 You can step down. 28 THE WITNESS: I'll see you back at Thanks. MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2667 2668 1 2 (The following proceedings were then had in open court, outside the presence of the jury.) 3 THE COURT: 4 MR. REID: All right. Be seated. Your Honor, I apologize. I will withdraw 5 my objection and allow the entire document to be moved into 6 evidence. 7 THE COURT: 8 What time did I tell them to come back? 9 All right. Let's take our break. Five after, I think? 10 MS. HULSE: Yes. 11 THE COURT: Yes. 12 We'll see you back at five after 11:00. 13 (Recess.) 14 (Change of court reporters.) 15 ---o0o--- 16 17 18 19 20 21 22 23 24 25 26 27 28 MICHELLE K. MADRID, CSR No. 11401 SACRAMENTO OFFICIAL COURT REPORTERS 2668 2669 1 (The following proceedings were held in open court, in the 2 presence of the jury:) 3 COURT ATTENDANT: At this time come to order. 4 Department 45 is once again in session. 5 Judy Hersher now presiding. 6 7 THE COURT: All right. The honorable Judge You may be seated. Based on agreement of Counsel, the Court is going to admit Exhibit 91 in its entirety. 8 (Joint Exhibit 91 was marked and admitted into evidence.) 9 THE COURT: Please proceed. 10 MS. CLEMENT: Thank you, your Honor. 11 Debbie -- oh, there is Terrance. 12 getting the lights? 13 Would you mind 26. 14 We are going to put up Exhibit 91, page REDIRECT EXAMINATION 15 BY LESLEY A. CLEMENT, Attorney at Law, Counsel on behalf of 16 the Plaintiffs: 17 Q 18 broke, he was questioning about this exhibit, the onboarding 19 checklist and challenging your testimony that you had gotten 20 this training? 21 A Yes, I do. 22 Q And when you were looking at that exhibit what were 23 you feeling? Do you remember yesterday Mr. Reid, right before we 24 MR. REID: 25 THE COURT: That's vague, your Honor. Sustained. 26 Q (By MS. CLEMENT) What was your reaction when you were 27 looking at that document? 28 A Well, it didn't -- it doesn't look like the document SACRAMENTO OFFICIAL COURT REPORTERS 2669 2670 1 that I have, and I lost my train of thought because when I 2 resigned I received my employee file and this is -- this 3 doesn't look like the document that I have and so I was 4 confused. 5 Q 6 of this document? 7 actually see what it says? So, Erik, can you just take us up and show us the rest 8 9 So if you would cut it up just so we can All right. And on the dates on the right-hand side there, was every date listed as, um, 7/19/08? 10 A 11 marketing director and the department specific orientation. 12 Q 13 me? 14 A Yes, I did. 15 Q And what did you tell me when you called me last 16 night? 17 A 18 doesn't look like the document I have with my employee 19 files, I went home and checked and this document doesn't 20 look like the -- the file that I have in my employee file. 21 Q 22 your Honor, we would seek -- can you turn behind you and 23 grab that binder that's opened? 24 A This one? 25 Q Yes. 26 jurors what Exhibit 291 is? 27 28 That's what it says, except for it looks like the Okay. So after you left last night, um, did you call I went home after I saw this document -- because it And, Erik, could you put up exhibit number 2 -- oh, It's open to Exhibit 291. Can you tell the (Joint Exhibit 291 was marked for identification.) THE WITNESS: Um, it's the part of my employee file SACRAMENTO OFFICIAL COURT REPORTERS 2670 2671 1 that I submitted to Ms. Clement this morning. 2 Q 3 of this particular exhibit, Exhibit 91? (By MS. CLEMENT) Erik, can you take us up to the top 4 And does Exhibit Number, um, 291 -- 5 THE COURT: 6 MS. CLEMENT: 7 THE COURT: 8 MS. CLEMENT: 9 Wait, wait. This is still Exhibit 91. Okay. It's confusing because we ended up having the same last two numbers. 10 Q 11 did you go home last night and look in your personnel file 12 that you took with you when you left Emeritus in April of 13 2009? 14 A Yes, I did. 15 Q Okay. 16 checklist? 17 A I did. 18 Q And did you bring it to my office this morning? 19 A Yes, I did. 20 Q And is Exhibit 291 the employee onboarding checklist 21 that was in your personnel file when you left the community? 22 A 23 24 (By MS. CLEMENT) Did you find your employee onboarding Can you repeat that? MR. REID: Q 25 The employee onboarding checklist, Lacks foundation, your Honor. (By MS. CLEMENT) THE COURT: Was Exhibit -- Overruled. 26 Q (By MS. CLEMENT) -- 291 the employee onboarding 27 checklist that you -- that was in your personnel file that 28 was copied for you by the facility when you resigned? SACRAMENTO OFFICIAL COURT REPORTERS 2671 2672 1 A The one that I brought this morning was, yes. 2 Q Okay. 3 291? 4 A 5 6 And is that in the binder that says Exhibit Yes. MS. CLEMENT: At this time we would seek to move into evidence Exhibit 291, your Honor. 7 THE COURT: 8 MR. REID: 9 THE COURT: 10 Is there any objection? No, your Honor. 291 is admitted. (Joint Exhibit 291 was admitted into evidence.) 11 Q (By MS. CLEMENT) Is there any indication anywhere on 12 the employee onboarding checklist that was in your personnel 13 file when you left in April of 2009 that you got any 14 training by anyone? 15 A No. 16 Q Did you look up to see the date of the week that the 17 Exhibit 92 -- yeah, Exhibit 91, page 26, 7/19/08, did you 18 look that up on your calendar to see what date that was? 19 A Yes, I did. 20 Q And what day of the week was that? 21 A Saturday. 22 Q And did you get training at all on a Saturday, July 23 19th, 2008, from Nancy Cordova? 24 A No, I did not. 25 Q Peggy Stevenson? 26 A No, I did not. 27 Q How about Chris Garibaldi, the maintenance director, 28 did you get any, um, training from him on that date? SACRAMENTO OFFICIAL COURT REPORTERS 2672 2673 1 A No. 2 Q How about Alicia Parga? 3 A No. 4 Q Thank you, Erik. 5 Erik, can you please put up Exhibit 178, page 12? 6 I don't think you need to look for it because it's 7 going to be big. 8 Is this part of the, um, packet that Mr. Reid was 9 showing you in Exhibit 178 that included the, um, "We got 10 leads" information that you had written up about the, um, 11 Boice family? 12 A Today? 13 Q Yes. 14 A I -- I think so. 15 Q Okay. 16 it. 17 A What number is it? 18 Q It's 178. 19 don't have to worry about it. 20 A Do I need this one anymore? 21 Q No. 22 I would have to look. I will help you find it. I will help you find You can move that just behind you. You Do you see that, page 12 of Exhibit 178? 23 A Yes. 24 Q Does that indicate that Kathleen Boice brought a check 25 to Emerald Hills for $2,500 for Joan and Myron Boice? 26 MR. REID: Your Honor, it lacks foundation. 27 THE COURT: 28 MS. CLEMENT: We are now in Exhibit 128? 178, that's been moved into evidence. SACRAMENTO OFFICIAL COURT REPORTERS 2673 2674 1 2 THE COURT: What's the page number of that check, please? 3 MS. CLEMENT: 4 THE COURT: 5 MS. CLEMENT: 6 THE COURT: 7 10 MR. REID: 7 through 14. So the objection of lacks foundation is Is that she has had no involvement with finances she told me, and she wouldn't know -- I don't know how she would know what that is. 11 12 That was admitted into evidence. what? 8 9 12, your Honor. THE COURT: Okay. Well, why don't you ask her the question about if she had any personal knowledge. 13 MS. CLEMENT: Okay. 14 Q 15 upon the negotiations that, um, were in the e-mail to Eric 16 Boice that was also part of this exhibit that Joan and Myron 17 Boice would be paying a $2,500 community fee? 18 A 19 community fee was on here. 20 Q 21 (By MS. CLEMENT) Did you have an understanding based That they were going to bring a check in, yes, and the Okay. And then, um, let's see Exhibit 178. Mr. Reid asked you questions about prorating for the 22 month of September of 2008. Do you remember that? 23 A Yes. 24 Q So the Boices weren't -- weren't getting free days, 25 right? 26 A No. 27 Q Right. 28 they moved in, true, September 12th? It's prorated. They were paying for the day -- from the day SACRAMENTO OFFICIAL COURT REPORTERS 2674 2675 1 A I -- I guess, yes. 2 Q That's what you did for -- for everybody who moved 3 into Emerald Hills, right? 4 A 5 The -- the -MR. REID: 6 Q 7 sorry, Judge. 8 9 That lacks foundation, your Honor. (By MS. CLEMENT) I will withdraw and rephrase. THE COURT: Q Was that your instruction as -- I'm All right. (By MS. CLEMENT) Was it your training that you would 10 be prorating the rent for people who moved in from the day 11 that they moved into the facility if they moved in on a date 12 other than the 1st of the month? 13 A 14 director to negotiate the finances. The rent was prorated and that was up to the executive 15 MS. CLEMENT: 16 THE COURT: 17 MR. REID: 18 I have no other questions. Thank you. Mr. Reid? Yes. Thank you, your Honor. Very briefly. RECROSS-EXAMINATION 19 BY BRYAN R. REID, Attorney at Law, Counsel on behalf of the 20 Defendant: 21 Q 22 any other documents since yesterday and today? 23 A 24 piece of paper from my file. 25 Q 26 April 30th, 2009, you got a copy of your personnel file? 27 A That's correct. 28 Q And what did you do with that? Um, so other than Exhibit 291 did you give Ms. Clement No. I gave her that -- that file right there or that All right. And, um, so when you left Emerald Hills on SACRAMENTO OFFICIAL COURT REPORTERS 2675 2676 1 A I left it at home. It's in my files. 2 Q Okay. 3 A Yes. 4 Q So is it -- now, we -- yesterday we established that 5 you did meet with Nancy Cordova, Peggy Stevenson, the 6 activities person, the maintenance person, the business 7 office director, you met with all of those people and were 8 oriented? 9 A They have been there ever since? I was not oriented. I mentioned that there was a 10 brief overview of each department. 11 Q Okay. 12 A Um, to my recollection I believe I did. 13 Q All right. 14 that Exhibit 91, 26, um -- can you put that up? You met with each person individually? And is it -- is it your, um, assertion 15 COURT ATTENDANT: 16 MS. CLEMENT: (By MR. REID) Sorry. That is okay. Erik can put it up for you if you want. 17 Q Okay. So Exhibit 91, 26, um, you did 18 indeed meet with all of the people whose initials are on 19 that form, correct? 20 A I believe I did briefly, yes. 21 Q Okay. 22 and lines were put on after you left Emerald Hills? 23 A 24 on that document. 25 Q 26 copies of, um, Exhibit 26 in your file when you left? 27 A No. 28 Q Um, how did you keep the documents in your home? But your -- your assertion is that the initials My copy in my employee file does not have the initials Okay. So when -- do you know if there were duplicate SACRAMENTO OFFICIAL COURT REPORTERS You 2676 2677 1 said they are in a file. 2 A In a file cabinet. 3 Q In -- in a -- 4 A In my office. 5 Q -- Folder? 6 What kind of a file? I'm sorry. Manila folder or -- 7 A Like -- yeah, a filing folder. 8 Q So I'm going to show you Exhibit 291. 9 Sorry, Mr. Taylor. 10 COURT ATTENDANT: 11 MR. REID: Don't worry about it. Thank you. 12 Q 13 291 is the one you gave to Ms. Clement last night and here's 14 Exhibit 26. 15 (By MR. REID) I'm going to put these side by side. Now, if, um, if indeed Exhibit 26 -- 91, 26 was filled 16 out after you left, um -- pardon me -- um, is it also -- 17 would it also be your contention that, um, Emeritus was able 18 to fill in these, um, binder holes when they filled out the 19 document? 20 A Um, I don't know. 21 Q Okay. 22 copies or not? 23 A 24 25 26 27 28 So you don't know whether there is multiple I just have the copy that I have. MR. REID: Thank you. Those are all of the questions I have. THE COURT: Anything else? FURTHER REDIRECT EXAMINATION BY LESLEY A. CLEMENT, Attorney at Law, Counsel on behalf of SACRAMENTO OFFICIAL COURT REPORTERS 2677 2678 1 the Plaintiffs: 2 Q 3 26, please? 4 Ms. Gratiot, exhibit, um -- Erik, could you put up 91, Mid-section, resident services director. When you left did you get a complete copy of your 5 personnel file? 6 A I think so. 7 Q Is that what you asked for? 8 A Yes, I did. 9 Q And was Peggy Stevenson still working there -- 10 A Not -- 11 Q -- in April of 2009? 12 A No, she was not. 13 Q How about Nancy Cordova? 14 A No, she was not. 15 Q Melissa Malek? 16 A No. 17 Q And in this section it talks about all of these 18 videos. 19 A No, I did not. 20 Q How much total time -- was this just like a meet and 21 greet with each person that you saw at the facility? 22 A 23 meeting each department head and just basically what they 24 do. Did you watch any videos? It -- it was. 25 MS. CLEMENT: 26 MR. REID: 27 THE COURT: 28 It was just a brief overview with Thank you. No further questions. No more questions, your Honor. Ladies and gentlemen, do you have any questions for the witness? SACRAMENTO OFFICIAL COURT REPORTERS 2678 2679 1 Please approach. 2 3 (Sidebar conference was held.) THE COURT: So I know, ladies and gentlemen, it's 4 often difficult in what appears to be the silence, my staff 5 included and you included, but just for the dignity of the 6 proceedings, generally speaking, if everybody could stay 7 calm, collected, no joking around, I would appreciate it. 8 9 All right. So we allow our jurors to ask questions and sometimes they ask questions because they want some 10 follow-up or they didn't understand or they need further 11 clarification. 12 should then turn and respond to our jury. 13 worried, we have a very active jury asking questions. So I'm going to ask you the question and you 14 THE WITNESS: 15 THE COURT: 16 17 Just don't get I have just never heard of that before. I know, a lot of people haven't, but we are in the 21st century now. Okay. When you spoke with perspective residents, did you 18 ever share with them that there would -- there may not be a 19 nurse in the building at all times? 20 THE WITNESS: 21 THE COURT: I -- I don't believe that I did, no. To clarify, in your position as the 22 community relations director, once a perspective resident 23 made an agreement to move in, verbal or otherwise, what, if 24 anything, was your next responsibility? 25 THE WITNESS: My next responsibility was to assure 26 them to the executive director and to the nurse to have them 27 do their evaluation and then to have the executive director 28 work through the contract, to sign the contract with them. SACRAMENTO OFFICIAL COURT REPORTERS 2679 2680 1 THE COURT: Were you uncomfortable with pressure to 2 collect a check before a potential resident and their family 3 left? 4 THE WITNESS: 5 THE COURT: 6 Sometimes I was. Yes, I was. The phrase "safely somewhere", um, to your understanding, what did that phrase mean to you? 7 THE WITNESS: As residents age a lot of residents are 8 hesitant to leave from their home and they want to stay home 9 and that's where a lot of falls and things like that happen, 10 a lot of elders live alone, and Emeritus was to provide a 11 place that they could be safely somewhere with eyes on them. 12 That was my understanding. 13 THE COURT: When did you meet with Ronda Castleberg to 14 voice your concerns about not being able to sell the 15 building? 16 THE WITNESS: 17 THE COURT: A specific date? Well, they -- they have in parenthesis 18 when the quota changed from four to five move-ins to ten per 19 month. 20 THE WITNESS: When -- when -- I believe it was after 21 Nancy left. 22 and, you know, Can you sell ten residents? 23 And as an employee I want to do my job and I want to say 24 yes; otherwise, I'm going to look like I'm not cooperating 25 so I would say yes -- 26 27 28 And she -- every month she would come to me THE COURT: Okay. Can you do this? But here's the question: The question is sort of to try to place it in time. THE WITNESS: Oh, okay. SACRAMENTO OFFICIAL COURT REPORTERS 2680 2681 1 2 3 THE COURT: When did you meet with her? If you can give us a year and maybe a month. THE WITNESS: Probably -- it would have been, I 4 believe, after Nancy left, and I think that was after 5 December or mid-December. 6 THE COURT: 7 THE WITNESS: 8 THE COURT: Of what year? Um, 2008 or early 2009. After you told her your concerns and she 9 said, Go to your office, shut the blinds and sell the 10 building, um, how, if at all, did you respond to that 11 statement? 12 THE WITNESS: 13 THE COURT: 14 15 16 17 I did what she asked me to do. Was there any further, um, conversation about the topics you raised with her? THE WITNESS: I believe I voiced my opinions over and over to Ronda and to my -- my direct boss, yes. THE COURT: This juror is referencing Exhibit 288 and 18 the possibility -- the possibility of a slow and gradual 19 move-in to the site. 20 Was a resident's rent prorated if he or she stayed at 21 the facility only two or three days a week to adjust to 22 living at the facility? 23 THE WITNESS: I wouldn't know the answer because I 24 never had that situation happen. 25 answer. 26 So I -- I don't know the I -- I would image it would be. THE COURT: If you know, this juror says that the 27 papers she has been looking at where you talk about level of 28 care, they have also heard the phrase "acuity level." SACRAMENTO OFFICIAL COURT REPORTERS Do 2681 2682 1 those two things mean the same thing to you, acuity and 2 level of care? 3 THE WITNESS: 4 THE COURT: I believe so, yes. Could you clarify for us, please, what you 5 would explain to residents about, um, Emeritus taking 6 residents to doctor's appointments? 7 THE WITNESS: It was my understanding that we had a -- 8 a bus that would take residents to any doctor's appointments 9 and that we would be able to accommodate that for them at 10 their will. 11 THE COURT: Do you recall having any conversation with 12 Joan Boice's family about the ability to take her to 13 doctor's appointments? 14 THE WITNESS: Um, I probably wouldn't have talked with 15 them about that. 16 independent and could probably take her if he needed to. 17 THE COURT: Myron did have a vehicle, so he was This juror notes the difference in cost 18 between Myron's care in the assisted living facility and 19 Joan's cost in the Memory Care Unit and they calculated it 20 around $3,100 a month difference. 21 cost? 22 THE WITNESS: Why the difference in Because Myron was considered basically 23 independent. 24 activities of daily living and Joan did. 25 lived on different sides of the community where Myron was 26 independent, Joan needed more help. 27 28 He didn't need any help with any of his THE COURT: And they both So how much more care, if you know, did Joan require than Myron? SACRAMENTO OFFICIAL COURT REPORTERS 2682 2683 1 THE WITNESS: I don't know exactly. That would be 2 what the nurse would have done with her level of care in her 3 assessment. 4 and -- and Myron was more independent, I would believe she 5 would need a little bit more care than he did. 6 But beings that she needed help with her walker THE COURT: Did you believe that the resident director 7 at the facility could have done something to improve the 8 conditions at Emerald Hills? 9 THE WITNESS: I think we all tried to. I just think 10 that we just didn't have enough staff to do what we needed 11 to do. 12 THE COURT: This juror wants to know, um, if you know 13 how Mr. Reid would know that a meeting was held in your 14 in-law's house? 15 THE WITNESS: 16 THE COURT: 17 I have no idea. Do you believe you were being followed at any time? 18 THE WITNESS: 19 THE COURT: I -- I don't know. How did you feel when you saw the sheet 20 that said you got training in your file with the notations 21 and initials and you had a blank sheet in your file? 22 THE WITNESS: Um, I felt confused, and I -- I lost my 23 train of thought because I know that that is not what the 24 sheet was that I had at my house and I was -- I just was 25 confused. 26 THE COURT: Before you would tour the facility with 27 potential new residents, um, was the facility cleaned up 28 other than the regular or daily cleaning? SACRAMENTO OFFICIAL COURT REPORTERS 2683 2684 1 THE WITNESS: Yes. And I would do a walk-through of 2 the entire community to make sure that everything was -- 3 looked ready for a tour. 4 THE COURT: Um, one of the documents referenced a 5 special lunch for a potential move-in. 6 what a special lunch might be? 7 THE WITNESS: Could you explain We would invite a potential family to 8 come back and have lunch in our dining room and possibly 9 meet up with another resident that has had a positive 10 experience that could tell them a little bit more about the 11 community. 12 might help to have another senior talk with them versus the 13 staff. It's a scary thing for them to come in and it 14 THE COURT: 15 THE WITNESS: 16 THE COURT: Could Joan and Myron have shared a room? No, I don't believe so. And why -- why do you not believe they 17 could have shared a room? 18 THE WITNESS: Because she needed to be in the Memory 19 Care Neighborhood and a fully independent resident does not 20 belong in the Memory Care Neighborhood. 21 THE COURT: Did the hospitals or other outside 22 locations that you visited get a kickback or percentage for 23 helping locate a person who ultimately wound up at Emerald 24 Hills? 25 26 27 28 THE WITNESS: The hospitals and the nursing homes did not, no. THE COURT: In your position at Emerald Hills did you have any contact with Mrs. Boice or her family other than SACRAMENTO OFFICIAL COURT REPORTERS 2684 2685 1 through the sales process? 2 THE WITNESS: 3 THE COURT: 4 THE WITNESS: 5 Not Mrs. Boice, no. How about her family? No -- Eric. I met Eric once. That's it. 6 THE COURT: Um, the juror noted that on Exhibit 178 at 7 page 13 there was a list of prices for, um, the facilities. 8 Do you want to take a look at it again? 9 THE WITNESS: What exhibit is that? 10 THE COURT: 11 Do we have it? 12 It's Exhibit 178, page 13. Whichever juror gave this question to me, is that the page you were talking about? 15 MS. CLEMENT: 16 THE COURT: 17 ALTERNATE JUROR: 18 THE COURT: 19 ALTERNATE JUROR: 20 THE COURT: 21 Can we just put that up? 13 14 Exhibit 178. Okay. I think it might be the spreadsheet. Excuse me. Yeah, bottom of -- of the -- I'm sorry? The bottom of that paragraph. Oh, I hope the spreadsheet makes sense. Is there a spreadsheet attached? What page number? 22 MR. REID: 23 THE COURT: 24 What was your understanding, if any, of how, um, 25 26 27 28 It's the next page, 14. Could we go to page 14, please? Okay. Emeritus came up with the numbers that are on this sheet? THE WITNESS: I believe that was done by the executive director based on speaking with the family. THE COURT: All right. Thank you. SACRAMENTO OFFICIAL COURT REPORTERS 2685 2686 1 2 With respect to Exhibits 6, 7 and 8 -- does anybody have those? 3 MS. CLEMENT: Yeah. 4 THE COURT: 5 I don't think the jury has actually been shown these Can we put up 6, please? 6 exhibits, although they have been admitted into evidence. 7 So these were the brochures that you talked about that you 8 gave the Boice family. 9 THE WITNESS: 10 THE COURT: Yeah. Those would be part of the brochure packet. 11 Do you recall that? 12 All right. So, um, could you flip to 7? 13 14 Okay. MS. CLEMENT: page to this. 15 I think it's just the -- there is a next It's a tri-fold. THE COURT: Okay. Can you just quickly go through 16 these, please, so the jury can see what we are talking 17 about? Keep going. Next page. Next page. 18 And I assume, ladies and gentlemen -- well, I know you 19 will have these exhibits with you in the jury room, although 20 they have not been shown to you, um, during the testimony. 21 And this -- this juror wants to know whether or not, 22 um, was there anything that was claimed in these brochures 23 that you believed was untrue? 24 25 26 27 28 THE WITNESS: I wouldn't know because I never did the "Join their Journey" training, so I don't know. THE COURT: All right. This juror wants to know if you ever did not tell the truth in order to make a sale? THE WITNESS: I don't believe so. I was very honest SACRAMENTO OFFICIAL COURT REPORTERS 2686 2687 1 with the perspective residents. 2 THE COURT: We heard some testimony about an 3 investigator trying to talk with you. 4 know whether or not you have ever spoken with an 5 investigator prior to being a witness here today for this 6 case? 7 THE WITNESS: 8 THE COURT: 9 THE WITNESS: 10 This juror wants to Oh, for this case? Yes. Um, I believe Ms. Clement's office when they came to visit me, yes. 11 THE COURT: 12 your suggestion? 13 THE WITNESS: 14 THE COURT: Did Emerald Hills add a salad bar after No. Did Ms. Clement or anyone from her office 15 suggest that you not speak to the Emeritus investigator that 16 came to your home? 17 THE WITNESS: 18 THE COURT: No. Did Ms. Clement or anyone from her office, 19 um, inform you that you did not need to speak with the 20 investigator? 21 THE WITNESS: 22 THE COURT: 23 MS. CLEMENT: 25 THE COURT: 27 28 Let's go back to the checklist in her personnel file in Exhibit 91. 24 26 No. Page 26, Erik. And could we bring that up, please? whole thing, just make it bigger if you can. The Okay. Executive director -- this juror wants us to go through this step by step. The executive director, the SACRAMENTO OFFICIAL COURT REPORTERS 2687 2688 1 initials, um, are whose, if you know? 2 THE WITNESS: 3 THE COURT: That initial would be Nancy Cordova. And the date that allegedly you received 4 whatever information supposedly you received would be what, 5 according to this? 6 THE WITNESS: 7 THE COURT: 8 THE WITNESS: 9 THE COURT: 10 THE COURT: Okay. 12 13 14 What year? 2008. Do you know when Nancy Cordova stopped working for Emeritus? THE WITNESS: She stopped working in -- at the end of December, I believe. 15 THE COURT: 16 THE WITNESS: 17 THE COURT: 18 What's the date? July 19th, 2008. THE WITNESS: 11 A Saturday. Of what year? 2008. Okay. Could we go down now to the resident director? 19 Whose initials would "PS" be? 20 THE WITNESS: 21 THE COURT: 22 THE WITNESS: 24 THE COURT: 26 Okay. And what date does it say that she allegedly went through this with you? 23 25 That would be Peggy Stevenson. Um, July 19th, 2008. And if you know, when was Ms. Stevenson's -- when did Ms. Stevenson leave Emeritus? THE WITNESS: Um, I believe shortly before my 27 departure. So I believe it was in 2009, but I don't know 28 the exact month or date. SACRAMENTO OFFICIAL COURT REPORTERS 2688 2689 1 THE COURT: 2 THE WITNESS: 3 THE COURT: 4 The SCU program manager slash director, do you know 5 So your departure was when? Um, April 30th, 2009. Okay. Go down farther, please. Okay. what "AP" might stand for? 6 THE WITNESS: 7 THE COURT: Alicia Parga. Okay. 8 supposedly met with you? 9 THE WITNESS: What was the date that Ms. Parga 10 11 THE COURT: Same date; July 19th, 2008. And if you know, when did Ms. Parga leave Emeritus? 12 THE WITNESS: I believe she went on maternity leave 13 in -- I know it was 2009 and it was before my departure. 14 think maybe March or April. 15 THE COURT: Okay. I I don't -- I don't recall. The maintenance director overview 16 of emergency preparedness there is some initials there, 17 "CG". Do you know who that might be? 18 THE WITNESS: 19 THE COURT: 20 And what was the date that you -- that this document indicates that you met with that person? 21 THE WITNESS: 22 THE COURT: 23 Chris Garibaldi. July 19th, 2008. And, um, is that person still -- well, was that person employed at Emeritus Emerald Hills on that date? 24 THE WITNESS: 25 THE COURT: Yes. Let's go to the top right-hand column, 26 please. 27 initials "JB" might be? 28 Business officer director, um, do you know whose THE WITNESS: Her name is Jessica -- I don't remember SACRAMENTO OFFICIAL COURT REPORTERS 2689 2690 1 her last name. 2 3 THE COURT: Okay. Do you know whether or not she was employed on July 19th, 2008? 4 THE WITNESS: 5 THE COURT: 6 The dining services director, do you know what "MM" 7 Yeah, she was. Okay. Let's go down, please. stands for? 8 THE WITNESS: 9 THE COURT: Um, I believe his name was Mike Miller. And, um, the date that is indicated, do 10 you know if that person was still employed with Emeritus on 11 that date? 12 THE WITNESS: 13 THE COURT: Um, is that 7/19/08? Okay. Yes. Go down to the marketing director. 14 What are those initials stand for -- or who do those 15 initials stand for, if you know? 16 THE WITNESS: 17 THE COURT: I'm assuming it's Melissa Malek. Okay. And, if you know, was she still 18 employed there on the date indicated, which looks to be July 19 17th, 2008? 20 THE WITNESS: 21 THE COURT: Yes, she was. Okay. 22 specific orientation. 23 Then go down to the department there? 24 THE WITNESS: 25 THE COURT: 26 Do you know whose initials appear I think that's Nancy Cordova. Okay. And, um, was she employed as of July 18th, 2009, it looks like? 27 THE WITNESS: 28 THE COURT: No. Okay. All right. We can take that down. SACRAMENTO OFFICIAL COURT REPORTERS 2690 2691 1 MS. CLEMENT: 2 THE COURT: Excuse me. With respect to respite or temporary stay 3 at the facility, do you know whether or not the facility 4 required a 602 form prior to such a stay? 5 THE WITNESS: I don't remember. 6 would, but I don't remember. 7 I would image they not last the whole night. 8 THE COURT: 9 I only had one, and she did Ms. Clement, do you wish to follow-up? FURTHER REDIRECT EXAMINATION 10 BY LESLEY A. CLEMENT, Attorney at Law, Counsel on behalf of 11 the Plaintiffs: 12 Q 13 respite? 14 A Why didn't that resident last the whole night on the Um, her family -- 15 MR. REID: 16 THE COURT: 17 MS. CLEMENT: 18 THE COURT: 19 MR. REID: 20 I'm going to object. Sustained. It's relevance, 352. Let's go on. That's it. Mr. Reid? Yes. Very quickly. FURTHER RECROSS-EXAMINATION 21 BY BRYAN R. REID, Attorney at Law, Counsel on behalf of the 22 Defendant: 23 Q 24 communications about the nurse, the availability of the 25 nurse, okay? 26 A 27 28 I wanted to follow-up on the question about, um, Uh-huh. MR. REID: Could I very quickly show the jury Exhibit 178, page 10, your Honor? SACRAMENTO OFFICIAL COURT REPORTERS 2691 2692 1 THE COURT: Is this one of the documents we went over? 2 MS. CLEMENT: 3 MR. REID: 4 MS. CLEMENT: 5 MR. REID: No. No. It's -Exceeds the scope, your Honor. This is to refresh her -- to talk about 6 what she had told families about nurse availability in 7 response to the juror's questions. 8 THE COURT: 9 MR. REID: Okay. You can put it up. Thank you. 10 Q 11 yesterday. 12 make -- you wouldn't make representations different than 13 what was on this form, correct? 14 A Correct. 15 Q Okay. 16 bullet point about the -- what it says about the nurse? 17 A 18 needs. 19 20 (By MR. REID) My recollection is you said that you wouldn't I followed the script. And can you read there on the second-to-last Licensed nurse on staff to monitor and coordinate care MR. REID: Honor. I'm going to -- we went over this Okay. Thank you. That is all I had, your Thanks very much. 21 MS. CLEMENT: 22 THE COURT: No questions. Ladies and gentlemen, I think we are done 23 with this witness as well. You'll notice that I'm sort of 24 just leaving it to one round of questions for you to move 25 this case along at this point. 26 May we excuse this witness? 27 MS. CLEMENT: 28 MR. REID: Yes, we may. Yes, your Honor. SACRAMENTO OFFICIAL COURT REPORTERS 2692 2693 1 THE COURT: 2 THE WITNESS: 3 Do I need to put these documents -- 4 THE COURT: 5 6 7 8 9 10 Thank you very much. You're excused. Thank you, your Honor. No. We will take care of it. Thank you very much. Do we have a live body coming in or is this a videotape? MS. CLEMENT: No. morning, your Honor. THE COURT: She has been waiting out there this Dr. Kathryn Locatell. Okay. 11 basically and say hello. 12 MS. CLEMENT: We will be able to just get her on 13 I think we will be able to do a little more than that. 14 THE COURT: Okay. Let's bring her in. 15 If you could please come forward to our witness stand. 16 When you get there, please, after you put your briefcase 17 down, if you could remain standing, raise your right hand, 18 and face the clerk. 19 THE CLERK: Do you solemnly state that the testimony 20 you are about to give in the cause now pending before this 21 Court will be the truth, the whole truth, and nothing but 22 the truth, so help you God? 23 THE WITNESS: 24 THE CLERK: 25 Please state your name for the record, ma'am, spelling 26 27 28 Yes. Thank you. Please be seated. both your first and last name. THE WITNESS: Kathryn Locatell, K-a-t-h-r-y-n L-o-c-a-t-e-l-l. SACRAMENTO OFFICIAL COURT REPORTERS 2693