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`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 1 of 48 Page ID #:39
`Case 2:21-cv-07809 Documenti1-1 Filed 09/30/21 Page 1of48 Page ID #:39
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`EXHIBIT A
`EXHIBIT A
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`37
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`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 2 of 48 Page ID #:40
`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 2 of48 Page ID #:40
`Electronically FILED by Superior Court of California, County of Los Angeles on 08/23/2021 10:36 AM Sherri R. Carter, Executive Officer/Clerk of Court, by C. Monroe,Deputy Cierk
`
` 21STCV31088 SUM-100
`(SOLOPARAUSODELACORTE)
`
`SUMMONS
`(CITACION JUDICIAL)
`NOTICE TO DEFENDANT:
`(AVISO AL DEMANDADO):
`WDW JOINT VENTURE, a California Entity dba DOWNEY COMMUNITY
`HEALTH CENTER; JAMES LANDRUM, anindividual; and DOES 1 through
`100, inclusive
`YOU ARE BEING SUED BYPLAINTIFF: ESTATE OF KATIE BEATRICE LANDRUM,
`(LO ESTA DEMANDANDOEL DEMANDANTE): byand throughits
`Successors-in-Interest MAURICE LANDRUM, JR., KATHY JOHNSON, BRIDGRETTE
`JOHNSON, and MICHELLE MILLER; MAURICE LANDRUM, JR., an individual; KATHY
`JOHNSON, an individual; BRIDGRETTE JOHNSON, an individual; MICHELLE MILLER, an
`
`
`
`NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
`below.
`You have 30 CALENDARDAYSafter this summonsand legal papers are served on youto file a written responseat this court and have a copy
`served on theplaintiff. A letter or phone call will not protect you. Your written response mustbe in properlegal form if you want the court to hear your
`case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
`Online Self-Help Center (www.courtinfo.ca.gov/seifhelp), your county law library, or the courthouse nearest you. If you cannotpaythefiling fee, ask
`the court clerk for a fee waiver form. If you do notfile your response on time, you may lose the case by default, and your wages, money, and property
`may be taken without further warning from the court.
`There are other legal requirements. You may wantto call an attorney right away. If you do not know an attorney, you may want to call an attorney
`referral service. If you cannot afford an attorney, you may beeligible for free legal services from a nonprofit legal services program. You canlocate
`these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
`(www. courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court hasa statutory lien for waived fees and
`costs on any settlementor arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
`jAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informacion a
`continuacion.
`Tiene 30 DIAS DE CALENDARIO después de que !e entreguen esta citacién y papeles legales para presentar una respuesta porescrito en esta
`corte y hacer que se entregue una copia al demandante. Una carta o una llamadatelefonica no lo protegen. Su respuesta por escrito tiene que estar
`en formato legal correcto si desea que procesen su caso en /a corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
`Puede encontrar estos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en /a
`biblioteca de leyes de su condado o en Ia corte que le quede mas cerca. Si no puede pagarla cuota de presentacién, pida al secretario de la corte
`que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimientoy la corte le
`podra quitar su sueldo, dinero y bienes sin mas advertencia.
`Hayotros requisitos legales. Es recomendable que ilame a un abogado inmediatamente. Si no conoce a un abogado, puede Ilamar a un servicio de
`remision a abogados. Si no puede pagar a un abogado,es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
`programa de servicios legales sin fines de lucro. Puede encontrar estos grupossin fines de lucro en el sitio web de California Legal Services,
`(www.lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con la corte o ef
`colegio de abogadoslocales. AV/ISO:Porley, fa corte tiene derecho a reclamarlas cuotas y los costos exentos por imponer un gravamen sobre
`cualquier recuperaci6n de $10,000 6 mas de valor recibida mediante un acuerdo o una concesién de arbitraje en un caso de derechocivil. Tiene que
`pagar el gravamen de fa corte antes de que la corte pueda desecharel caso.
`
`
`
`EACNUMEEE
`:
`21ST Cv 31088
`
`
`ei cae aaddressaies ae 5
`nombre y direccién
`de
`la corte es):
`Superior Court of California - Los Angeles
`111N. Hill Street
`Los Angeles, CA 90012
`Stanley Mosk Courthouse
`Central District
`The name, address, and telephone number ofplaintiff's attorney, or plaintiff without an attorney, is:
`(El nombre, la direccién y el numero de teléfono del abogado del demandante, o de! demandante que no tiene abogado, es):
`Scott H. Carr (156664); Aaron L. Osten (281315) Telephone: (310) 576-1200 Facsimile: (310) 576-1220
`GREENE BROILLET & WHEELER, LLP
`Sherri R. Carter Executive Officer! Clerk of Court
`222 N. Pacific Coast Highway, 21st Floor El Segundo, CA 90245
`
`, Deputy
`C. Monroe
`DATE:
`Clerk, by
`
`
`(Secretario)(Fecha) Oe 232021 (Adjunto)
`(For proofof service of this summons, use Proof of Service of Summons (form POS-010).)
`(Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-070)).
`NOTICE TO THE PERSON SERVED: You are served
`1.
`[_] as anindividual defendant.
`2.
`[_] as the person sued underthefictitious nameof (specify):
`
`
`
`[XJ on behalf of (specify)WOW JOINT VENTURE,a California Entity dba DOWNEY COMMUNITY HEALTH CENTER
`under:
` [_] CCP 416.10 (corporation)
`(_] CCP 416.60 (minor)
`[_] CCP 416.20 (defunct corporation)
`(_] CCP 416.70(conservatee)
`[_] CCP 416.40 (association or partnership)
`[-] CCP 416.90 (authorized person)
`[X] other(specify):BUSINESS ENTITY OF UNKNOWN FORM
`4.
`[| bypersonaldelivery on (date):
`
`Form Adopted for Mandatory Use
`Judicial Council of California
`SUM-100 [Rev. July 1, 2009}
`
`3.
`
`SUMMONS
`
`
`Page 1 of 1
`7
`CodeofCivil Procedure §§ 412.20, 465
`lcerrr
`www.courtinfo,ca gov
`38
`
`38
`
`

`

`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 3 of 48 Page ID #:41
`courrorasbrie(809 of ROHRabide,filegRolaUed. EeAAORMAS, cdrQ€ VQHe:Oeputy Clerk
`Electronically FILED by Gi
`
`Assignedfor all purposes to: Spring Street Courthouse, Judicial Officer: Audra Mori
`
`(SPACE BELOW FOR FILING STAMP ONLY)
`
`GREENE BROILLET & WHEELER, LLP
`LAWYERS
`222 N. PACIFIC COAST HIGHWAY, SUITE 2100
`P.O. BOX 955
`EL SEGUNDO, CALIFORNIA 90245
`TEL, (310) 576-1200
`FAX.
`(310) 576-1220
`SCOTT H. CARR, SBN 156664 (scarr@gbw.law)
`AARONL. OSTEN,SBN 281315 (aosten@gbw.law)
`
`Attorneys for__
`
`Plaintiffs
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF LOS ANGELES
`
`COME NOW the Plaintiffs ESTATE OF KATIE BEATRICE LANDRUM,by and
`
`through
`
`its
`
`successors-in-interest MAURICE LANDRUM,
`
`JR., KATHY JOHNSON,
`
`BRIDGRETTE JOHNSON, and MICHELLE MILLER; MAURICE LANDRUM,
`
`JR., an
`
`individual; KATHY JOHNSON, an individual; BRIDGRETTE JOHNSON,
`
`an_
`
`individual;
`
`MICHELLE MILLER,an individual (hereinafter “Plaintiffs”), and for causes of action against
`
`[988232]
`
`
`-1-
`COMPLAINT FOR DAMAGES
`
`39
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`ESTATE OF KATIE BEATRICE LANDRUM,
`by and through its Successors-in-Interest
`MAURICE LANDRUM,JR., KATHY
`JOHNSON, BRIDGRETTE JOHNSON,and
`MICHELLE MILLER; MAURICE
`LANDRUM,JR., an individual; KATHY
`JOHNSON,anindividual; BRIDGRETTE
`JOHNSON,an individual; MICHELLE
`MILLER,an individual;
`
`Defendants.
`
`Plaintiffs,
`
`vs.
`
`WDW JOINT VENTURE,a California Entity
`dba DOWNEY COMMUNITY HEALTH
`CENTER; JAMES LANDRUM,anindividual;
`and DOES1 through 100, inclusive;
`
`CASENO. 21ST @v¥31088
`
`COMPLAINT FOR DAMAGES
`1. Breach of Implied Warranty of
`Habitability
`2. Elder Abuse and Neglect (Welfare
`and Institutions Code § 15600,et
`seq.)
`3. Negligence/Negligence Per Se
`4. Violation of Residents’ Bill of
`Rights (Health and Safety Code §
`1430(b))
`5. Wrongful Death
`6. Fraud
`
`DEMANDFOR JURY TRIAL
`
`39
`
`

`

`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 4 of 48 Page ID #:42
`€ 2:21-cv-07809 Documenti-1 Filed 09/30/21 Page 4of48 Page ID #:42
`
`ELSEGUNDO,CA90245
`
`P.O.BOX955
`
`Defendants WDW JOINT VENTURE,a California entity dba DOWNEY COMMUNITY
`
`HEALTH CENTER,and DOES1 through 100, inclusive, and each of them,allege as follows:
`
`PARTIES
`
`1. Plaintiff MAURICE LANDRUM,JR.is the natura! born child and lawful heir of
`
`Decedent KATIE BEATRICE LANDRUM(hereinafter referred to at times as “Decedent”). Atall
`
`times relevant herein, MAURICE LANDRUM, JR. is and was a resident of San Bernardino
`
`County, State of California.
`
`2. Plaintiff KATHY JOHNSONis the natural born child and lawful heir of Decedent
`
`KATIE BEATRICE LANDRUM(hereinafter referred to at times as “Decedent”). At all times
`
`relevant herein, KATHY JOHNSONis and was a resident of Los Angeles County, State of
`
`California.
`
`3. Plaintiff BRIDGRETTE JOHNSON is the natural born child and lawful heir of
`
`Decedent KATIE BEATRICE LANDRUM(hereinafter referred to at times as “Decedent’’). At all
`
`times relevant herein, BRIDGRETTE JOHNSONis and was a resident of Los Angeles County,
`
`State of California.
`
`4. Plaintiff MICHELLE MILLERis the natural born child and lawful heir of Decedent
`
`KATIE BEATRICE LANDRUM(hereinafter referred to at times as “Decedent”). At all times
`
`relevant herein, MICHELLE MILLERis and wasa resident of the State of California.
`
`5. Plaintiff is required by California law to name JAMES LANDRUM,whois also the
`
`son of KATIE BEATRICE LANDRUM,as a Nominal Defendant, even though he is in no way
`
`liable for the death of KATIE BEATRICE LANDRUM. Should JAMES LANDRUMchooseto
`
`assert claims in this action, he would havestanding to be a Plaintiff in this matter. Unless referred
`
`to specifically by name or as Nominal Defendant, all other references to Defendants in this
`
`complaint exclude JAMES LANDRUM.
`
`6. Plaintiff MAURICE LANDRUM,JR.is the Decedent’s successor-in-interest pursuant
`
`to California Code of Civil Procedure § 377.10 and has declared himself as such as required by
`
`
`
`
`
`GREENEBROILLET&WHEELER,LLP
`
`California Code of Civil Procedure § 377.32.
`
`[988232]
`
`
`-2-
`COMPLAINT FOR DAMAGES
`
`40
`
`
`
`40
`
`

`

`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 5 of 48 Page ID #:43
`€ 2:21-cv-07809 Documenti1-1 Filed 09/30/21 Page 5of48 Page ID #:43
`
`ELSEGUNDO,CA90245
`
`P.O.BOX955
`
`7. Plaintiff KATHY JOHNSON is the Decedent’s successor-in-interest pursuant
`
`to
`
`California Code of Civil Procedure § 377.10 and has declared herself as such as required by
`
`California Code of Civil Procedure § 377.32.
`
`8. Plaintiff BRIDGRETTE JOHNSONis the Decedent’s successor-in-interest pursuant to
`
`California Code of Civil Procedure § 377.10 and has declared herself as such as required by
`
`California Code of Civil Procedure § 377.32.
`
`9. Plaintiff MICHELLE MILLER is the Decedent’s successor-in-interest pursuant to
`
`oe
`
`California Code of Civil Procedure § 377.10 and has declared herself as such as required by
`
`California Code of Civil Procedure § 377.32.
`
`10. Defendant WDW JOINT VENTURE is
`
`a California entity dba DOWNEY
`
`COMMUNITY HEALTH CENTER(hereinafter “DCHC”), with its principal place of business in
`
`the County of Los Angeles, State of California.
`
`11. Defendant DCHC and DOES 1
`
`through 100, inclusive, were, at all times relevant
`
`herein, in the business of providing long-term custodial care as a 24-hourskilled nursing facility
`
`as defined in Section 1250(c) of the Health and Safety Code at the location of 8425 Iowa St.,
`
`Downey, California 90241.
`
`12. DCHCis and at relevant times herein was licensed under the Department of Public
`
`Health and wastherefore subject to the requirements of state law regarding the operation ofskilled
`
`nursing facilities.
`
`In doing the acts alleged herein, DCHC acted at the implicit and/or explicit
`
`instruction of, and with the express and/or implied authority of the officers, administrators,
`
`directors, and operators of DCHC.
`
`13. Decedent wasa resident/tenant of Defendants’ property from approximately April 2019
`
`through the time of her death in 2020, when she was87 years old.
`
`14. Plaintiffs are informed and believe and thereupon allege that Defendants DOES 1
`
`through 100, inclusive, were, at all times relevant herein, individuals and/or entities rendering care
`
`and services to Decedent and whose conduct caused the injuries and damagesalleged herein.
`
`15. The true namesand/or capacities, whether individual, corporate, associate or otherwise,
`
`of Defendants, and each of them, DOES | through 100, inclusive, are unknownto Plaintiffs, who
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`GREENEBROILLET&WHEELER,LLP
`
`[988232]
`
`
`= Bn
`COMPLAINT FOR DAMAGES
`
`41
`
`
`
`41
`
`

`

`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 6 of 48 Page ID #:44
`€ 2:21-cv-07809 Documenti1-1 Filed 09/30/21 Page 6of48 Page ID #:44
`
`therefore sue said Defendants by such fictitious names. Plaintiffs are informed and believe and
`
`thereupon allege that each defendant fictitiously named herein as a DOE waslegally responsible,
`
`negligently, wantonly, recklessly, tortuously, or in some other actionable manner, for the events
`
`and happenings, or lack thereof, hereinafter referred to, and thereby proximately caused the
`
`injuries and damages to Plaintiffs as hereinafter alleged. Plaintiffs will seek leave of court to
`
`amend this Complaint to insert the true names and/or capacities of such fictitiously named
`
`Defendants when the same have been ascertained.
`
`16. Plaintiffs are informed and believe and thereupon allege that at all times mentioned
`
`herein, Defendants, and each of them, including DOES 1 through 100, inclusive, were the agents,
`
`servants, employees, alter egos, and/or joint venturers of their coDefendants, and were as such
`
`acting within the course, scope, and authority of said agency, servancy, employment, alter ego,
`
`and/or joint venture, and that each and every defendant, as aforesaid, when acting as a principal,
`
`was negligent in the selection and hiring of each and every other defendant as an agent, servant,
`
`employee, alter ego, and/or joint venture, and that each and every defendant has ratified and
`
`approved the acts of her or her agents, servants, employees, alter egos, and/or joint venturers by
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`and throughits officers, directors, and/or managing agents.
`
`17. Defendants DCHC and DOES1 through 100, inclusive, will hereafter be collectively
`
`referred to as “Defendants”.
`
`GENERAL ALLEGATIONS
`
`18. Under the provisions of Welfare _and_
`
`Institution Code section 15610.27, while a
`
`resident/tenant at Defendants’
`
`facility KATIE BEATRICE LANDRUM wasat all
`
`times
`
`mentioned an elder adult, and Defendants were caretakers in a trust relationship as defined in
`
`Welf. & Inst. Code section 15610.17. As a resident/tenant at Defendants’
`
`facility, KATIE
`
`BEATRICE LANDRUMrequired extensive assistance with her activities of daily living. KATIE
`
`BEATRICE LANDRUMwas dependent on Defendants and DOES 1-100, and each of them, for
`
`her most basic needs, including mobility, nutrition, hydration, hygiene, and personal care.
`
`P.O.BOX955ELSEGUNDO,CA90245
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`GREENEBROILLET&WHEELER,LLP
`
`[988232]
`
`
`-4.
`COMPLAINT FOR DAMAGES
`
`42
`
`42
`
`

`

`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 7 of 48 Page ID #:45
`€ 2:21-cv-07809 Documenti1-1 Filed 09/30/21 Page 7of48 Page ID #:45
`
`19. The above-entitled action is not based upon the purposeful allocation or administration
`
`of a Covered Countermeasure, as that term is defined in the Public Readiness and Emergency
`
`Preparedness Act, 42 U.S.C. §§ 247d-6d and 247d-6e (the “PREP Act”). Rather, it is based on the
`
`recklessness and neglect of Defendants in the operation of their facility, and in their care of the
`
`Decedent, as described herein.
`
`20. Plaintiffs are informed and believe and thereupon allege that beginning when her
`
`residency/tenancy of DCHC commenced in April 2019, KATIE BEATRICE LANDRUM
`
`received substandard care with respect to her nourishment and general treatment, including but not
`
`limited to receiving incorrect dosages of her medication, failing to receive the necessary assistance
`
`with activities of daily living, and suffering bed sores and pressure ulcers. Further, that prior to
`
`June 5, 2020, cases of COVID-19 were present at Defendants’ facility and that Defendants knew
`
`or should have known that COVID-19 waspresent in Defendants’ facility.
`
`21. Onor about June 5, 2020, Plaintiffs were informed that while under care and treatment
`
`of Defendants, KATIE BEATRICE LANDRUMtested positive for COVID-19. However,
`
`Plaintiffs were assured by staff at DCHC that KATIE BEATRICE LANDRUMwasnotsuffering
`
`or experiencing any symptomsofillness. Plaintiffs were also informed by facility staff at that
`
`time that the facility had no cases of COVID-19, yet KATIE BEATRICE LANDRUMwasbeing
`
`moved to the COVID-19 ward with other residents who were symptomatic.
`
`22. On or about June 7, 2020, Defendants transferred KATIE BEATRICE LANDRUMto
`
`PIH Health Downey Hospital for treatment. Only then did Plaintiffs learn that, contrary to the
`
`assurances of Defendants, KATIE BEATRICE LANDRUMwassuffering a collapsed lung, low
`
`oxygen, dehydration, pressure ulcers, and disorientation, among other symptoms indicating
`
`neglect. KATIE BEATRICE LANDRUMwasstated to be in “critical condition”.
`
`23. KATIE BEATRICE LANDRUM remained in critical but stable condition at PIH
`
`Health Downey Hospital until approximately June 19, 2020, at which time she was transferred
`
`back to the COVID-19 ward of DCHC. Plaintiffs are informed and believe and thereupon allege
`
`that KATIE BEATRICE LANDRUM remained isolated amongst other residents who were
`
`
`
`ELSEGUNDO,CA90245
`
`P.O.BOX955
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`OoSeSN
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`GREENEBROILLET&WHEELER,LLP
`
`[988232]
`
`-5-
`
`COMPLAINT FOR DAMAGES
`
`43
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`43
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`

`

`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 8 of 48 Page ID #:46
`€ 2:21-cv-07809 Documenti1-1 Filed 09/30/21 Page 8o0f48 Page ID #:46
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`positive for COVID-19 for a short period of time, before being moved back to a room that was not
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`isolated, despite not having received a negative COVID-19 test.
`
`24. While at DCHC, from the time of KATIE BEATRICE LANDRUM’s return on
`
`approximately June 19, 2020, she remained on 24-hour oxygen and her condition did not improve.
`
`25. On or about August 23, 2020, KATIE BEATRICE LANDRUM’s condition
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`deteriorated rapidly, and she was again transferred to PIH Health Downey Hospital where, as a
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`result of her deteriorated medical condition caused by Defendants’ conduct, she passed away
`
`within hours.
`
`26. Plaintiffs are informed and believe and thereuponallege that prior to and during June
`
`of 2020, DCHC kneworshould have known that COVID-19 waspresentin the facility, yet failed
`
`to take steps to prevent the spread of COVID-19 within the facility, including but not limited to
`
`the following failures:
`
`(a) DCHC did not notify KATIE BEATRICE LANDRUMorher family of positive
`
`COVID-19 cases within the facility in a timely manner that would have enabled them to have the
`
`necessary information to transfer KATIE BEATRICE LANDRUMtoa saferliving situation;
`
`(b) DCHCfailed to timely isolate residents with positive COVID-19 test results
`
`and/or symptoms of COVID-19 such that COVID-19 was able to spread amongst the residents,
`
`staff, and visitors with rapid speed;
`
`(c) DCHCfailed to ensure that its staff and medical care providers complied with the
`
`most basic of infectious disease precautions such as, but not limited to, properly wearing and
`
`utilizing personal protective equipment, hand-washing or use of alcohol-based handrubs,
`
`identifying and removing possible sources of contamination, and disposing of single-use itemsthat
`
`cameinto contact with infected residents;
`
`(d) DCHCfailed to provide sufficient personal protective equipmentfor staff in June
`
`2020 which unreasonably allowed for the spread of coronavirus.
`
`27. Many of these deficiencies were confirmed by an investigation into DCHC bythe
`
`California Department of Public Health, which responded to a complaint made by Plaintiffs
`
`Maurice Landrum, Jr., and Kathy Johnson, Complaint Number: CA00693915, regarding the care
`
`
`-6-
`COMPLAINT FOR DAMAGES
`
`44
`
`
`
`
`
`GREENEBROILLET&WHEELER,LLP
`
`ELSEGUNDO,CA90245
`
`P.O.BOX955
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`[988232]
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`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 9 of 48 Page ID #:47
`Case 2:21-cv-07809 Documenti1-1 Filed 09/30/21 Page 9of48 Page ID #:47
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`1||provided to KATIE BEATRICE LANDRUM,andissued a report on or about July 15, 2020,
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`2||which informed Plaintiffs Maurice Landrum, Jr. and Kathy Johnson that the agency had
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`3||“substantiated your complaint” after “an unannouncedvisit to the facility of June 25, 2020 and
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`4||investigated circumstances surrounding your complaint through direct observation, interviews,
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`5||and/or review of documents.” The California Department of Public Health (““CDPH”), found,
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`6||among other things, the following:
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`“Based on observation, interview, and record review, the facility failed to
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`provide personal hygiene for one of 3 residents (1), who needed total
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`assistance from staff for personal hygiene, as indicated in the facility’s
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`policy and procedures.
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`[KATIE BEATRICE LANDRUM(referred to as
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`Resident 1
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`in the report)], who was totally dependent on staff for personal
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`hygiene, had a dark color substance in between all the ten fingernails. This
`deficient practice had the potential for [KATIE BEATRICE LANDRUM]
`to experience poor personal hygiene and potential for infection.” (CDPH
`Report, pp. 1-2.)
`“Based on observation, interview, and record review, the facility failed to
`provide the necessary treatment and services...by failing to: [[P] 1. Identify
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`and assess [KATIE BEATRICE LANDRUM]’s pressure ulcer (localized
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`e
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`damage to the skin and underlying soft
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`tissue usually over a bony
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`prominence or related to a medical or other device) stage 2 (partial-
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`thickness skin loss) located in the coccyx (tail bone) area. This deficient
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`practice had the potential for [KATIE BEATRICE LANDRUM]’s pressure
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`injury to worsen and getinfected.” (Id. at p. 4.)
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`“Based on observation, interview, and record review, the facility failed to
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`ensure one of 3 residents (1), who had a urinary indwelling catheter (tube
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`inserted into the bladder to drain urine), had documented evidence of a
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`clinical condition to ensure catheterization was necessary.
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`[KATIE
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`BEATRICE LANDRUM]hada urinary indwelling catheter and the facility
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`[988232]
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`=e
`COMPLAINT FOR DAMAGES
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`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 10 of 48 Page ID #:48
`Cage 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 10o0f48 Page ID #:48
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`did not have an indication for its use. This deficient practice had the
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`potential
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`for
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`[KATIE BEATRICE LANDRUM]
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`to.
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`experience
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`complications, such as pain, and urinary infection...the facility’s Director of
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`Staff Development
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`(DSD)
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`stated she did not know why [KATIE
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`BEATRICE LANDRUM]had a urinary indwelling catheter. DSD stated
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`the resident’s urine in the tubing looked‘a little cloudy’.” (1d. at pp. 7-8.)
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`e “Based on observation, interview, and record review, the facility failed to provide a
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`safe, sanitary environment to help prevent the spread of infections during the
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`Corona virus ((COVID-19] a respiratory illness that can spread from person to
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`person) for three of 3 residents (IKATIE BEATRICE LANDRUM], 2, 3), as
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`indicated in the facility’s policy and procedure by failing to: [[P] 1. Ensure staff did
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`not enter the green zone (clean area) after they entered yellow zone (potentially
`contaminated area).
`[[P] 2. Ensure staff performed hand hygiene (washing hands
`with the use of a water and soap or applying an alcohol-based handrub to the
`surface of hands).
`[] 3. Ensure staff wore the personal protective equipment
`({[PPE] protective clothing) correctly.
`[[P] 4. Ensure to close to residents’ doors in
`the COVID-19 unit.
`[[] 5. Ensure the oxygen tubing did not touch the floors and
`ensure they had labels.
`[[P] 6. Ensure to disinfect and dispose of PPE according to
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`current guidelines. These deficient practices had the potential to spread infections
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`to other residents, staff, and visitors.” (Id. at pp. 14-15.)
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`28. Plaintiffs are informed and believe and thereupon allege that as early as June 22, 2020,
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`22||DCHC had reported no less than 104 positive COVID-19 cases and 14 resident deaths, evidencing
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`23||the widespread problem which had been exacerbated by DCHC’s failures to act, a material fact
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`24||that was never communicated to Plaintiffs and in fact had been purposefully concealed from
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`25||Plaintiffs.
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`29. Because KATIE BEATRICE LANDRUM wasa resident/tenant of Defendants’
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`27||facility, Defendants and each of them, had a duty understate laws, designed for the protection and
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`[988232]
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`-8-
`COMPLAINT FOR DAMAGES
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`46
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`46
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`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 11 of 48 Page ID #:49
`Cage 2:21-cv-07809 Document1-1 Filed 09/30/21 Page 11o0f48 Page ID #:49
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`benefit of residents like KATIE BEATRICE LANDRUM,to provide her with twenty-four-hour
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`custodial care, supervision, and a safe home. Defendants’ duties included, but were not limited to:
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`(a) Follow, implement, and adhere to all physicians’ orders, pursuant to California
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`Code of Regulations, Title 22, § 72301;
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`(b) Accurately monitor and record KATIE BEATRICE LANDRUM’s condition and
`report changes to her doctor and family, pursuant to California Code of Regulations, Title 22, §
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`72307;
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`(c) Maintain accurate records of KATIE BEATRICE LANDRUM’s condition and
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`treatment, pursuant to the California Code of Regulations, Title 22, §§ 72311 and 72543;
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`(d) Accord KATIE BEATRICE LANDRUMdignity and respect, and not subject her
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`to abuse or neglect, pursuant to California Code of Regulations, Title 22, § 72315(b);
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`(e) Maintain nursing and other staffing at
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`levels necessary to meet the needs of
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`KATIE BEATRICE LANDRUM,pursuant to California Code of Regulations, Title 22, § 72329;
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`(f) Follow skilled nursing care standards to maximize the health, safety, and well-
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`being of KATIE BEATRICE LANDRUM,pursuantto California Code of Regulations, Title 22, §
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`72100,et seq.;
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`(g) Ensure that KATIE BEATRICE LANDRUMwasfree from unnecessary hazards,
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`pursuant to California Code of Regulations, Title 22, § 72637;
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`(h) Ensure that KATIE BEATRICE LANDRUMwasfree from physical abuse and
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`neglect, pursuant to California Code of Regulations, Title 22, § 72527(a)(9);
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`(i) Ensure the implementation of the means for protecting the health and safety of
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`KATIE BEATRICE LANDRUM.
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`30. Plaintiffs are informed and believe and thereupon allege that each andall of the acts
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`and omissionsalleged herein were performed by,or are attributable to, all Defendants, each acting
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`as the agent for the other, with legal authority to act on the other’s behalf.
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`31. At all times mentioned herein, Defendants, and each of them,ratified each and every
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`act or omission complained of herein. Atall times mentioned herein, the Defendants, and each of
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`ELSEGUNDO,CA90245
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`P.O.BOX955
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`GREENEBROILLET&WHEELER,LLP
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`[988232]
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`COMPLAINT FOR DAMAGES
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`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 12 of 48 Page ID #:50
`Cage 2:21-cv-07809 Document1-1 Filed 09/30/21 Page 12 o0f48 Page ID #:50
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`them, aided and abetted the acts and omissionsofeach andall the other Defendants in proximately
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`causing the damagesherein alleged.
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`32. That in instructing, directing, and mandating the activities alleged herein, doing the
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`acts or omissions alleged herein, Defendants andtheir officers, directors, and/or employees, knew
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`or in the exercise of reasonable caution should have known,
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`that they were violating state
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`regulations in the operation of skilled nursing facilities in the State of California.
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`33. Further, Defendants and their officers, directors, and/or employees, made a conscious
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`and purposeful decision to ignore and violate state regulations governing the operation of a skilled
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`nursing facility for the sole and express purpose of maximizing profit and corresponding bonuses
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`to these individuals and others in managementpositions.
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`34. The Defendants, by and through their officers, directors, and/or employees, were fully
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`aware that their conduct and practice of maximizing profit at the expense of the legally mandated
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`care to be provided to an elder in a skilled nursing facility in the State of California, would and did
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`in fact injure elders, including KATIE BEATRICE LANDRUM.
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`35. Despite this knowledge, Defendants and their officers, directors, and/or employees,
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`directed said course of conduct with a callous indifference to the pain and suffering they were, and
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`are, inflicting upon elders, including KATIE BEATRICE LANDRUM
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`36. At all times relevant to this action, Defendants had the care and custody of KATIE
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`BEATRICE LANDRUMin that she resided at Defendants’ facility on a 24-hour basis as a total
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`care patient and as such were “Care Custodians”as defined in the California Welf. & Inst. Code.
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`37.
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`In owning, operating, managing, and/or supervising Defendants’ facility, Defendants,
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`and each of them, held themselves out to the general public, and KATIE BEATRICE LANDRUM
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`in particular, as being in compliance with all applicable state laws and regulations.
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`38. At all times mentioned herein, Defendants, and each of them, were responsible for the
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`care, custody, safety, and well-being of KATIE BEATRICE LANDRUM whowasa patient of
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`Defendants. Upon information and belief, it is alleged that the acts of Defendants, and each of
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`them, were a substantial factor in causing personal
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`injury, emotional distress, and economic
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`damagesto Plaintiffs herein, as well as the death of KATIE BEATRICE LANDRUM.
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`ELSEGUNDO,CA90245
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`P.O.BOX955
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`GREENEBROILLET&WHEELER,LLP
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`[988232]
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`-10-
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`COMPLAINT FOR DAMAGES
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`Case 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 13 of 48 Page ID #:51
`Cage 2:21-cv-07809 Document 1-1 Filed 09/30/21 Page 13 0f48 Page ID #:51
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`FIRST CAUSE OF ACTION
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`(BREACH OF IMPLIED WARRANTYOF HABITABILITYAsAgainstAll
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`Defendants)
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`39. Plaintiffs incorporates by reference each and every allegation contained in preceding
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`and foregoing paragraphsas thoughfully set forth herein.
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`40. Prior to Decedent entering Defendants’ facility as a resident/tenant, all Defendants,
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`including DOES 1
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`through 100, impliedly warranted that the premises were habitable. Atall
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`relevant times, Plaintiffs/Decedent continued to make payments to be a resident/tenant of the
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`facility.
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`41. Defendants,
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`including DOES 1-100, and each of them were made aware of the
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`dangerous conditions on the subject property as alleged herein, including but not limited to the
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`danger and presence of COVID-19, and although Defendants had sufficient time to make the
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`premises safe, Defendants failed to take any action to make the premisessafe.
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`42. As a proximate result of Defendants, including DOES 1-100, breach of their implied
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`warranty of habitability and their failure to take any corrective action, Decedent died, and
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`Plaintiffs seek damages as set forth herein. Furthermore, Plaintiffs seek damages for payments
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`made to Defendantsto be a resident/tenant of the facility during all times Defendants breached the
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`warranty of habitability.
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`SECOND CAUSE OF ACTION
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`ELDER ABUSE AND NEGLECT
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`[WELFARE & INSTITUTION CODE§ 15600 et seq]
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`(Against All Defendants)
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`43. Plaintiffs hereby reallege and incorporate by reference each and every preceding
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`paragraph as thoughfully set forth herein.
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`44. Upon information and belief, Defendants, a