Chandler v. Long Beach Care Center, et al
On October 29, 2010, the Honorable Judge Ernest M. Hiroshige issued a final ruling on Plaintiff’s Motion for Class Certification in the matter of Chandler v. Long Beach Care Center, et al ., Los Angeles Superior Court Case No. BC 403866.
Defendant Long Beach Care Center, Inc. (“LBCC”) is a Skilled Nursing Facility located in Long Beach, California. Plaintiff Doris Chandler was an elderly and dependent resident at LBCC. The filed complaint encompasses both individual claims of Elder Abuse and Neglect, as well as class claims representing other residents of the facility. It alleges that the defendants violated the Comprehensive Bill of Rights or "Patients' Rights" by disregarding State and Federal regulations. As stated in the Plaintiffs' Motion for Class Certification, the defendants are accused of failing to provide an adequate number of qualified staff to meet the needs of all residents. Additionally, the complaint asserts that the defendants, on a class-wide basis, misrepresented the level and quality of care at LBCC, thereby violating California's Consumer Legal Remedies Act ("CLRA").
In the final ruling, the Court granted class treatment for both causes of action presented by the Plaintiffs. Regarding the seventh cause of action, which addresses violations of "Patients' Rights" under California Health & Safety Code § 1430(b), the Court concluded that compliance with California Health & Safety Code § 1599.1(a) does not necessitate an evaluation of each resident's individual needs and conditions. Instead, the Court agreed with the Plaintiff's argument that the right to adequate staffing is framed as an obligation of the entire facility, making it subject to common proof for the class.
Regarding the eighth cause of action, which alleges misrepresentations in violation of the CLRA, the Court determined that since the Admissions Agreement provided to all residents upon admission states that the facility complies with the Resident Bill of Rights, any evidence of understaffing would be a material omission common to all class members. Consequently, any representations made by the facility claiming compliance with state laws and regulations would be considered false.
The complaint was filed on December 15, 2008, and the class period currently spans from December 15, 2005, to December 15, 2008. If you or a loved one resided at LBCC during this period, you may be eligible as a member of the class, and we strongly encourage you to contact our office. Contact us today to speak with an experienced class action attorney.
California Probate Codes from Declaration Under Probate Code § 13100 et. seq.
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