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1 ZAHBIHI & WATKINS LAW FIRM, APC FILED
SARA F. ZAHBIHI, ESQ. (SBN: 315434) Superior Court Of California,
2 ERIK WATKINS, ESQ. (SBN: 300725)
1333 HOWE AVE, SUITE 113 07/31/201B
3 SACRAMENTO, CA 95825 mwillianitsS
4 P: 916-970-1604 , Deputy
szahbihi@zwlawfirm.com Castt Mum bul"
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Attorneys for Plaintiff Valine Court Senior Care, Inc., 34-2019-002S1070
6 dba The WaterLeaf at Land Park, a California corporation.
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IN THE SUPERIOR COURT OFTHE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SACRAMENTO
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12 VALINE COURT SENIOR CARE INC., dba Case No.:
THE WATERLEAF AT LAND PARK, a
13 California Corporation, Limited Action
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Plaintiff,
15 COMPLAINT FOR:
16 1. BREACH OF WRITTEN CONTRACT;
17 SCHENELLE FLORES, Individually; 2. OPEN BOOK; and
18 LENA COLE, Individually;
GLORIA J. RODRIGUEZ, Individually; and 3. ACCOUNT STATED
19 DOES 1-20 inclusive.
20 Defendants.
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25 Plaintiff VALINE COURT SENIOR CARE INC., dba THE WATERLEAF AT LAND
26 PARK, a Califomia corporation by and through its attorneys of record, for its complaint hereby sue
27 SCHENELLE FLORES, LENA COLE, and GLORIA J. RODRIGUEZ (hereafter referred to each
28 as "Defendant", and collectively as "Defendants") as follows:
Complamt for 1. Breach of Written Contract; et seq. Valine Court Senior Care Inc. v. Flores, etal.
1 PARTIES
2 1. Plaintiff, VALINE COURT SENIOR CARE INC., dba THE WATERLEAF AT
3 LAND PARK (hereafter referred to as "Valine", or "Plaintiff') is, and at all relevant times
4 mentioned herein was a corporation, duly organized, and existing under the laws of the State of
5 Califomia, with its principal place of business in Sacramento County, California.
6 2. Valine is a duly licensed, non-medical, residential assisted living care facility for the
7 elderly (hereafter referred to as the "Facility" or "Business").
8 3. As part of its Business, Valine provides care services such as housing, meals,
9 housekeeping, maintenance, transportation to and from medical providers, and planned activities to
10 its elderly residents (hereafter collectively referred to as the "Services").
11 4. Upon information, and belief, defendant SCHENELLE FLORES (hereafter referred to
12 as "Flores") is an individual residing in the County of Sacramento, California.
13 5. Upon information, and belief, defendant LENA COLE (hereafter referred to as "Cole") is an
14 individual residing in the County of Sacramento, Califomia.
15 6. Upon information, and belief, defendant GLORIA J. RODRIGUEZ (hereafter referred
16 to as "Rodriquez") is an individual residing in the County of Sacramento, California.
17 7. Upon information, and belief, at all relevant times each Defendant was the agent,
18 partner, successor in interest, and/or predecessor in interest, co-tortfeasor, and or co-conspirator of
19 each, or all of the Defendants, and each Defendant was acting in an individual capacity and within
20 the course and scope of the agency, partnership, and other capacities in committing the acts alleged
21 herein by Plaintiff.
22 8. Upon information, and belief. Plaintiff herein alleges that within the relationship
23 alleged above, each Defendant knew, or should have known about, and authorized, ratified,
24 adopted, approved, controlled, and aided and abetted the conduct of all other Defendants.
25 9. The true names and capacities of defendants sued herein as DOES 1-20, inclusive, are
26 presently unknown to Plaintiff, who therefore sues these defendants by such fictitious
27 names. Plaintiff will amend this Complaint to allege their true names and capacities when
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Complaint for 1. Breach of Written Contract; et seq. Valine Court Senior Care Inc. v. Flores, et al.
1 ascertained. Plaintiff further alleges that each of the fictitiously named defendants is in some
2 manner liability to it for $12,964.77, plus interest rate, attorneys fees, and costs alleged herein.
3 JURISDICTION AND VENUE
4 10. Jurisdiction of this Court is proper pursuant to Code of Civil Procedure §410.10
5 because the basis is not inconsistent with the California, or United States Constitution.
6 11. Venue in Superior court of Sacramento County is proper because Defendants'
7 residence at the commencement of this action is in Sacramento County. Additionally, material
8 facts giving rise to the causes of action in this complaint occurred substantially in Sacramento
9 County.
10 COMMON FACTS
11 12. On March 15,2018, Defendants entered into a written contract with Plaintiff, for
12 Plaintiff to provide Services to Defendant Rodriquez (hereafter referred to as the "Contract"). A
13 true, and accurate copy of that Contract is attached hereto, and incorporated herein as Exhibit t .
14 13. Per terms of the Contract, and in exchange for Services performed. Defendants agreed
1,5 to compensate Plaintiff.
16 14. On March 16,2018, Defendant Rodriquez moved into the Facility, and begun
17 receiving Services from Plaintiff.
18 15. In February 2019, Defendants begun defaulting in payments to Plaintiff (hereafter
19 referred to as the "Balance Owed").
20 16. On March 11,2019, Plaintiff was given a notice of termination of Services by
21 Defendant Flores.
22 17. On April 4,2019 Defendant Rodriquez moved out of Plaintiff's Facility.
23 18. On June 7,2019, in order to settle the Balance Owed, Plaintiff, and Defendants
24 entered into a mutual release and hold harmless agreement (hereafter referred to as the
25 "Agreement"), A true and correct copy of the Agreement is attached hereto, and incorporated
26 herein by reference as Exhibit 2.
27 19. On July 1,2019 Defendants breached the terms of the Agreement.
28 /// •
Complaint for 1. Breach of Written Contract; et seq. 3 Valine Court Senior Care Inc. v. Flores, et al.
1 FIRST CAUSE OF ACTION
2 (BREACH OF WRITTEN CONTRACT)
3 (Against all Defendants)
4 20. Valine adopts, incorporates, and alleges the allegations contained in paragraphs 1
5 through 19 as though it were fully set forth herein.
6 21. On March 15,2018 Valine, and Defendants entered into a valid and enforceable
7 written Contract wherein Valine agreed to perform Services as requested of it to Defendant
8 Rodriqiiez, and Defendants agreed to pay Valine for the Services performed.
9 22. Valine has fully performed all promises, conditions, and covenants required of it
10 under the Contract, except to the extent excused therefrom by Defendants' conduct.
11 23. Upon completion of performance. Valine presented Defendants with demand for
12 payment. v
13 24. Defendants have breached their Contract with Valine by refusing, and failing to pay
14 Valine for the amount due for Services performed.
1,5 25. Defendants' failure to perform to Valine has caused Valine at least $12,964.77 in
16 damages, plus attomey's fees, and costs, and interest thereon at the legal rate.
17 SECOND CAUSE OF ACTION
18 (OPEN BOOK)
19 (Against all Defendants)
20 26. Valine adopts, incorporates, and alleges the allegations contained in paragraphs 1
21 through 25 as though it were fully set forth herein.
22 27. Within the last four years. Defendants became indebted to Valine in an amount of
23 $12,964.77 for a balance due on an open book account for Services performed by Valine.
24 28. The services performed were not primarily for personal, family or household
25 purposes. Pursuant to California Civil Code Section 17175, Plaintiff is entided to reasonable
26 attomey's fees.
27 ///
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Complaint for 1. Breach of Written Contract; er. seq'. 4 Valine Court Senior Care Inc. v. Flores, eto/.
1 THIRD CAUSE OF ACTION
2 (ACCOUNT STATED)
3 (Against all Defendants)
4 29. Valine adopts, incorporates, and alleges the allegations contained in paragraphs 1
5 through 28 as though it were fully set forth herein.
6 30. In the normal course of its business. Valine has maintained an account open in the
7 name of Defendants.
8 31. Defendants have become indebted to Valine in the amount of $12,964.77 on an
9 account stated for Services performed by Valine on demand from Defendants.
1,0 32. Valine has served Defendants with statement of account, and has demanded payment.
11 33. Notwithstanding Valine's demands for payment, Defendants have refused to pay
12 Valine, and continue to refuse to pay Valine.
13 PRAYER
14 WHEREFORE, Plaintiff VALINE COURT SENIOR CARE INC., dba THE
1,5 WATERLEAF AT LAND PARK, a Califomia corporation pray forjudgment against
16 SCHENELLE FLORES, LENA COLE, GLORIA J. RODRIGUEZ, and each of them including
17 Doe Defendants, as follows:
18 1. For damages in an amount to be proven at trial, but not less than the amount of
19 $12,964.77;
20 2. For interest as provided by law;
21 3. For attorney's fees, and costs of lawsuit incurred herein under California Civil Code
22 section 1717, and or altematively under California Civil Code section 17175;
23 4. For such further and additional relief as the Court may deem just and proper.
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Complaint for 1. Breach of Written Contract; er. seqf. 5 Valine Court Senior Care Inc. v. Flores, et o/.
1 Respectfully submitted.
2 Dated: July 30,2019.
3 ZAHBIHI & WATKINS LAW FIRM, APC.
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SARA F. ZAHBIHI, ESQ.
8 ERIK WATKINS, ESQ
Attorneys for Plaintiff,
9 VALINE COURT SENIOR CARE INC., dba
THE WATERLEAF AT LAND PARK, a
10 California corporation.
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Complaint for 1. Breach of Written Contract; et seq. Valine Court Senior Care Inc. v. Flores, etal.
Exhibit 1
i ~rfie WaterLeaf at \_anci fark
Residential Care Facility
ADMISSION AGREEMENT
(This is a binding agreement. Please take thetimeto familiarize yourselfwith its provisions.)
1. Facility Infonnation
The WaterLeaf at Land Park, 966 43"* Avenue, Sacramento, CA 95831, is a residential care facility
for the elderly libensed by the State Department of Social Services. This is a non-medical care
facility, and notj allowed to provide medical or nursing care. Residents whose needs advance
beyond the scope of the license of The WaterLeaf at Land Park will be required to seek
appropriate care at an altemate facility that is equipped to meet these escalating needs.
The WaterLeaf at Land Park will rent a unit, either private or semi-private, on a month-to-montfa
basis to the Resident listed below, and such unit is not transferable or leassignable. TJie WaterLeaf
at Land Park reserves the right to reassign the Resident from one room to another, as circumstanciss
require. The Resident, his/her femily, and visitors agree to comply witii the Facility rules and
regulations and eke subject to all state and local laws and ordinances while residing or visiting The
WaterLeaf at Larid Park.
The WaterLeaf dt Land Park reserves the right to modify this agreement in whole or in part,
includmg but noti limited to, fee changes upon at least thirty (30) days written notice.
2. Basic Service^
A. The Facility;shall prbvide the following basic services for the following Resident:
Name of Resident— Social Security No. DateofBirth
GENERAL SERVICES:
1) Lodging: yC Single occupancy (or) Double occupancy
2) Food: :
a. Three balanced meals daily and between meals nourishment or snacks.
b. Special diets, if prescribed by a doctor.
3) Housekeeping and laundry service.
4) Comfortable and suitable bed includingfreshlinen vveekly, pr more often, as required.
5) Assistance to schedule medical and dental ^pointments and arrange transportation.
6) Planned activity program including utilization of ayailable commimity resources.
7) Notification tp faniily or other appropriate persoii/agiency of Resident's chafiging needs.
8) Maintenance, trash removal, and utilities (except for telephone, telephone service, and
cable television).
PERSONAL SERVICES:
1) Regular obseirvation, routine care and superyisiph, y*^^ regulatory parameters. . Private „
duty aides or "one-on-one" caregivers are not allowed unless employed by The WaterLeof
at Lend Park. The WaterLeaf at Lmd Park shall have tite right to consult with the
Residwit's physician(s) regarding Resident's iieeds and/or concems.
2) Assistance with bathing, dressing and personal needs, as scheduled or arranged.
The WaterLeaf at Land Park
Residential Care Facility
Admission Agreement, page 2
i
3) Assistance in arranging for necessary medical and dental care, including transportation.
(The facility does not directly provide services).
4) Assistance in taking medications according to physician's instructions, as allowed by
California Code, Title 22, govemitig residential care facilities.
5) Bedside care for minor temporary illnesses.
B. The monthly rate for basic services is $ ^ M OO -.
1) Upon ihove-in. Resident will pay the flill first month's rent. Facility will pro-rate the rent
charge according to actual date of move-in, and apply any credit to the second month. The
daily rate is calculated by multiplying the monthly rate by 12 months, then dividing by 365
days,
2) Re-evaluation of service needs shall be conducted periodically or in the event of a change
in condition of the Resident's needs, including, but not limited to, hospitalization.
3) An initial one-time, non-refimdable, administrative evaluation, in processing, and
preparation fee of $2,000 is due prior to move-in (Community Fee).
4) For teriiporary respite stays, a minimum rent charge of $2,000 will be billed regardless of
the length of stay.
C. Monthly rent is paid one month in advance. Billing statement are mailed arotmd the 22""* of each
month. Payrnent is due on the first day ofthe month. A late fee of $100 will be assessed for
payments received after the 5* of the month. In addition, payments outstanding after 30 days
will be assessed 8% annual interest charges until balance is paid in full. A $50 fee will be
assessed (plus applicable late charges) for retum checks. The monthly rate, as stated above,
does not include charges for optional services (see #3 below).
D. Fees for medical care, rnedicines (prescribed or over-the-counter), therapists, ambulance
seirvices, guest meals, and items such as dry cleaning are not included in the basic fee.
3. Additional or Optional Services
Service Aniount Please Initial
A. Transportation to medical appointments See Transport, policy tJ^
B. Staff accompaniment to appointments See Transport, policy
C. Individualized atteiidant care, as needed $20 per hour
D. Hospice care $200 per day
4. Facility Visiting Policy
Visiting hours are generally from 9 a.m. to 7 p.m., seven days per week.
5. Notice of Rate/Term Change
If rates are increased, the Resident or Authorized Representative will be given at least sixty (60) days
written notice of the change.
6. Monthly Rate
The monthly ratej(item 2B) will be prorated on a daily basis for mid-month admissions and
departures.
The WaterLeaf at Land Park
Residential Care Facility
Admission Agreement,! page 3
7. Temporary Absence
If the Resident leaves the Facility temporarily for any reason with the intention to retum, and without
providing the Administrator a thirty (30) day written notice of intent to leave (see item 8), the
"holding rate" foi" the room is the same as is stated in item 2B.
j
8. Resident Departure/Refund Policy
The Resident or Authorized Representative must provide the Administrator thirty (30) days written
notice of intent to leave, regardless of circumstances: The Resident is responsible for rent charges
for the period of ;30 days following an unannounced (no written notice) departure, or until personal
belongings are removedfiromthe Facility, whichever is longer. A minimum rent charge of $750
applies for any stays less than one (I) week in duration. In the event of Residents death, rent charges
only accrue throiigh the date on which all personal property belonging to the deceased Resident has
been removed firom the Facility. Any rent charges that are owed to the Resident or Authorized
Representative will be refunded within fifteen (15) days after the removal of all personal property.
9. Facility Eviction/Termination Procedures
A. The Facility/Administrator may, upon thirty (30) days written notice, terminate this agreement,
and thereby evict the Resident for good cause, including, but not limited to, the following:
1) Nonpayment of the rate for basic services within ten days of the due date (first day of the
month).
2) Failure;of the Resident to comply with state or local laws.
3) Failure'of the Resident, the Resident's family, and/or guests to comply with the mles and
regulations of the facility.
4) The continued presence of the Resident creates a danger for himself/herself or others.
5) Inability of Facility to meet the Resident's needs, or change in use of the facility.
6) The Resident, his/her family, or visitors violate state or city laws or ordinances while
residing at or visiting The WaterLeaf ai Land Park.
B. The Facility/Administrator may, upon obtaining prior documented approval from the licensing
agency, evict the Resident within three (3) days of written notice. The licensing agency may
grant approval for eviction, upon finding of good cause that the Resident's behavior poses a
threat to the mental or physical health or safety of him/Tierself, or to others in the Facility.
C. The Facility/Administrator shall mail a copy of the eviction notice to the Resident's Authorized
Representative, if any, as well as to the Department of Social Services.
10. Default
If the Resident or Authorized Representative fails to pay any suni due, or fails to comply with
any of the provisions of this agreement, the Resident or Authorized Representative agrees to
pay all collection/legal fees and court costs associated with recovery.
11. Valuables
The Facility' will not be responsible for any cash resources. Any valuables or personal property
brought into|the Facility must be listed on the Resident's Personal Property Form.
The WaterLeaf at Land Park
Residential Care Facility —— v "
Admission Agreement^; page 4
12. S^^^^^-^ Pto^ees WILL
(Name of Resident or Authorized Representative)
A. Pay the basic monthly rate in advance, as required by the terms of this agreement.
B. Observe th«i policies of the Facility, including the "House Rules," which make it possible for
Residents tP live together, cooperatively.
C. Not bring medications, homemade or special foods or beverages into Facility without the
Administrator's knowledge.
D. Not be destriictive of the property ofthe Facility or of other Residents.
E. Provide thirty (30) day written notice of intent to move from the Facility, regardless of
circumstances.
13; -Resid eat^^-Privacy
The Facility/Administrator, or designated representative, has the right to enter a Resident's room to
perform maintenance, housekeeping, and/or care services. In addition, Califomia Code of
Regulations gnuits the ri^t of the licensing agency (Department of Social Sevices - Community
Care Licensing) |to perform unannounced inspections of the Facility, including a Resident's private
room. The FaciUty reserves the right to take photographs of the Residents for documentation and
identification purposes.
14. Correspondence/Communication
The Facility shall bill, on a monthly basis, the following party, and will communicate any needs or
information regarding the Resident to the party identified below:
Name of Responsible Part>' Address 5/\c/24rV)eAJTU CA 4^S^3 Phone #
(Financial concerns)? ^
.Name of. Responsible .Barty.. ,__^ddress., n-vj.^^-^.-p -r.-ir-i^~^ i Pioaei
(Care concems or personal needs) vJtsST S n C i l H m c W lU^ (>^^5X?^/^
Signature of Resident or Authorized Representative below indicates that he/she has read, or has had
explained, the terms of the agreement and the following parties consent to the provisions of this
document and agree to be bound thereby.
PARTIES T O T H I S A G R E E M E N T
Date
^ IT
Admlnistraior/Facifity Representative H' Date
VCSC Rev. 10^20-16.
Exhibit 2
MUTUAL RELEASE AND HOLD HARMLESS AGREEMENT
This MUTUAL RELEASE AND HOLD HARMLESS AGREEMENT (the
"Agreement"), effective as of the last date printed on the signature page of this Agreement (the
"Effective Date") is made by and between Valine Court Senior Care, Inc., doing business as The
WaterLeaf at Land Park, a corporation duly organized, and existing under the laws of the State of
Califomia (the "Company") and Scheneile Flores, ("Flores"). Frorri time to time, in this
Agreement, the Company, and Flores shall together be referred to as the "Parties", and each, a
"Party".
RECITALS
WHEREAS, the Company is in the business of operating a residential, non-medical care
facility for the elderly (the "Services").
WHEREAS, on March 15, 2018 Flores entered into an agreement with the Company (the
"Contract") for the benefit of, and for Company to provide Services to Gloria J. Rodriquez (the
"Beneficiary"). Attached hereto, and incorporated herein as Exhibit 1 is a true, and accurate
copy of the Contract.
WHEREAS, per terms of the Contract, Flores agreed to pay Company for Services
provided by Company to the Beneficiary (the "Payments").
WHEREAS, in February, 2019 Flores begun defaulting on Payments to the Company
(the "Default").
WHEREAS, on March 11, 2019 the Company was given thirty (30) day notice of
termination of Services by Flores.
WHEREAS, on April 04, 2019 the Companyfinishedperforming all promises,
conditions, and covenants required of it under the Contract.
WHEREAS, the Company has made demand for payment from Flores for the Default
period of February 2019, March 2019, and April 1-10,2019 for the end of the thirty (30) day
notice period.
WHEREAS, a dispute has arisen between the Parties regarding full payment of
$11,059.57 by Flores to the Company for services rendered by the Company to the Beneficiary
(the "Dispute").
WHEREAS, by the terms set forth in this Agreement, it is now the mutual desire of the
Parties to resolve the Dispute, and terminate their relationship, and to hold each other harmless.
AGREEMENT AND RELEASE OF CLAIMS
NOW, THEREFORE, in consideration of and in reliance on the promises,
representations, confirmations, and mutual covenants contained herein, all of which constitute
good and sufficient material consideration for the agreements and undertakings, the Company,
and Flores intending to be legally bound, hereby agree as follows:
1. OBLIGATIONS OF PARTIES;
1.1 Settlement Amount. Flores agrees to pay the Company $11,059.57, plus
$1,905.20 in attomey's fees incurred by Company as a direct result of its collection
efforts in this matter for a total of 12,964.77 (the "Settlement Amount").
1.2 Company shall accept the Settlement Amount as full satisfaction of the Services
rendered by the Company.
1.3 Company further agrees to accept the Settlement Amount in accordance with the
payment schedule set forth below under paragraph 1.4 of this Agreement (the
"Payment Schedule").
1.4 Payment Schedule. Parties agree that Settlement Payment shall be made from
Flores to Company in monthly installments in accordance with the following
Payment Schedule:
1. First payment is due on July 1, 2019.
2. Checks for payment shall be made out to The WaterLeaf at Land
Park, and mailed to P.O. Box 7914. Stockton. CA 95267.
3. Prior to procurement of employment by either Flores, or Joe
Flores, the Company agrees to accept a sum of $500.00 per month, due on the
first of each month.
4. After procurement of employment by either Flores, or Joe Flores,
payment amount increases to $1,500.00 per month, due on the first of each month
until the Settlement Amount is fully satisfied.
1.5 Notice of Procurement of Employment. Within ten (10) days of procurement
of employment by either Flores, or Joe Flores, Flores shall give written notice of
procurement of employment to the Company, and Company's attomey of record,
Sara F. Zahbihi. An email to the following email addresses shall be sufficient to
satisfy the notice requirement under this section: mawl2@,att.net. and,
szahb i h i @zwl awfi rm. com.
1.6 Failure to Give Notice. Failure to give notice as required under section 1.5
of this Agreement shall be construed as a material breach of this Agreement, and
shall render the release, and settlement set forth in this Agreement as null and
void. The Company shall be free to pursue its legal remedies under the terms of
the Contract, or this Agreement.
1.7 Late Payment Fee. Payments are due on the first of each month. If payment is
not received by the Company by the tenth (10) day of the month, then there shall
be an addition of $100.00 late payment fee to any payment due for the month.
1.8 Default Interest Rate. In the event that payment is not received in
accordance with the Payment Schedule, Flores agrees to pay an interest rate of
eight percent (8%) per annum on all payments past due.
EVENTS OF DEFAULT;
Each of the following shall constitute an events of default under this Agreement:
2.1 Defauh in Payment Schedule. Failure of Flores to make any payment when
due according to the Payment Schedule laid out in section 1.4 of this Agreement.
2.2 Other Defaults. Failure of Flores to comply with or to perform any other
term, obligation, covenant or condition contained in this Agreement, including
failure of Flores to give notice in accordance with section 1.5 of this Agreement.
2.3 Right of Company Upon Occurrence of Default.
If an event of default occurs under this Agreement, at any time thereafter.
Company shall have all rights to exercise any one or more of the following
remedies:
1. Accelerate Payments. Company may declare the entire Settlement
Amount immediately due and payable without notice.
2. Election to Prosecute the terms of this Agreement, or the Original
Contract. Company may elect to prosecute, and pursue its remedies under
either the terms of the original Contract executed between Parties, or the terms of
this Agreement.
NO FURTHER OBLIGATIONS OF THE PARTIES;
After the Parties' execution of this Agreement, and upon receipt of payment in the sum of
12,964.77 from Flores to the Company, the Parties shall have no further obligations to
each other, including, but not limited to any further payments from Flores to the
Company, nor any further services to be performed, or provided by the Company to
Flores.
MUTUAL RELEASE;
Upon execution of this Agreement, the Parties, on their behalf and on behalf of their past,
present, and future successors, predecessors, affiliates, representatives, officers,
employees, and assigns (collectively "Parties' Affiliates"), hereby absolutely,
unconditionally, and irrevocably forever release and discharge, together with all of the
direct or indirect past, present, and future successors, predecessors, and assigns, and all of
its and their shareholders, parent companies, subsidiaries, affiliates, insurers,
representatives, officers, directors, and employees (collectively "Released Parties")^
from any and all actions, causes of action, claims, controversies, costs, demands,
expenses, injuries, judgments, losses, liabilities, attomey's fees, suits, or damages, of any
kind or nature whatsoever, whether known or unknown, matured or unmatured, foreseen
or unforeseen, liquidated or unliquidated, anticipated or unanticipated, suspected or
unsuspected, past, present, or future, direct or indirect, contingent or absolute, arising out
of or in any way related thereto. Parties understand that they may later discover claims or
facts that may be different from, or in addition to, those that it or any other Party now
knows or believes to exist regarding the subject matter of the release, and which, if
known at the time of signing this Agreement, may have materially affected this release
and such Parties' decision to enter into it and grant the release. Nevertheless, the Parties
intend to fully, finally and forever settle and release all claims that now exist, may exist,
or previously existed, as set out in the release, whether known or unknown, foreseen or
unforeseen, or suspected or unsuspected, and the release given herein is and will remain
in effect as a complete release, notwithstanding the discovery or existence of such
additional or different facts. The Parties hereby waive any right or claim that might arise
as a result of such different or additional claims or facts.
The Parties have either had benefit of counsel, or were provided ample opportunity to
procure advise of counsel of their own choosing. The Parties have been made aware of,
and understand, the provisions of Califomia Civil Code Section 1542 which provides:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor."
The Parties expressly, knowingly, and intentionally waive any and all rights, benefits and
protections of Section 1542 and of any other state or federal statute or common law
principle limiting the scope of a general release.
5. CONFIDENTIALITY; Each Party acknowledges the confidential nature of the
terms and conditions of this Agreement and agrees that it shall not (a) disclose any of
such confidential information to any person or entity, except to such Party's
representatives who need to know the confidential information to assist such Party or act
on its behalf in performing its obligations under this Agreement; or (b) use the
confidential information, or permit it to be accessed or used, for any purpose other than to
exercise its rights or perform its obligations under this Agreement.
6. GOVERNING LAW & ATTORNEY'S FEES; This Agreement and all matters
arising out of or relating to this Agreement are govemed by, and construed in accordance
with the laws of the state of Califomia, without regard to the conflict of laws provision of
such state. Any legal suit, action or proceeding arising out of this Agreement must be
instituted in the courts of the State of Califomia, and each party irrevocably submits to
the exclusive jurisdiction of such courts in any such suit, action, or proceeding. If any
terms or provision of this Agreement is invalid, illegal, or unenforceable in any
jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term
or provision of this Agreement or invalidate or render unenforceable such term or
provision in any other jurisdiction. Prevailing party in any litigation arising under this
Agreement shall be awarded reasonable attomey's fees and costs.
7. ENTIRE AGREEMENT; This Agreement is the sole and entire agreement between
Parties regarding the subject matter contained herein, and supersedes all prior and
contemporaneous understandings, agreements, representations and warranties, both
written and oral, regarding such subject matter. This Agreement shall not be modified,
waived, supplemented or changed except by a writing signed by both Parties. Neither
Party may assign, transfer, or delegate any or all of its rights or obligations under this
Agreement without the prior written consent of the other Party.
8. AMBIGUOUS TERMS. IF ANY. NOT CONSTRUED AGAINST THE DRAFTER:
This Agreement is the product of input from both Parties', or Parties' respective counsels.
Accordingly, any ambiguity in this Agreement shall not be construed against the drafter
of this Agreement.
9. AUTHORITY TO ENTER AGREEMENT; Each Party hereby represents and
warrants to the other Parties that: (a) it has the full right, power, and authority to enter
into this Agreement, to grant the agreement and release of claims contained herein and to
perform its obligations hereunder; (b) the execution and delivery by such Party
constitutes the legal, valid, binding, and enforceable obligation of such Party.
10. COUNTERPARTS; This Agreement may be signed in counterparts, but all of
which together shall constitute one and the same agreeriient. Electronic, facsimile, or
email copies of Parties' signatures shall have the same legal effect as if original.
[THIS SECTION IS INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
EV WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed by their duly
authorized officers or representatives.
Dated: Valine Court Senior Care, Inc. dba The WaterLeaf at
i Land Park.
V
By: Mike Williamson.
Titie: Chief Financial Officer.
Dated: Scheneile Flores.
ES WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed by then- duly
authorized officers or representatives.
Dated: Valine Court Senior Care, Inc. dba The WaterLeaf at
Land Park.
By: Mike Williamson.
Title: Chief Financial Officer.
Dated: LO Scheneile Flores.
Exhibit 1
; *J"lTe^ W a t e r L e a f at L a n d f*arlc
Residential Care Facility
ADMISSION AGREEMENT
(This is a binding agreement. Please take the time to familiarize yourself with its provisions.)
1. Facility Infoiination
The WaterLeaf at Land Pco-k, 966 43"* Avenue, Sacramento, CA 95831, is a residential care facility
for the elderly libensed by the State Department of Social Services. This is a non-medical care
facility, and notj allowed to provide medical or nursing care. Residents whose needs advance
beyond the scope of the license of The WaterLeaf at Land Park will be required to seek
appropriate care at an altemate facility that is equipped to meet these escalating needs.
The WaterLeaf dt Land Park will rent a imit, either private or semi-private, on a month-to-raonth
basis to the Resident listed below, and such unit is not transferable or reassignable. Tfie WaterLeaf
at Land Park reserves the right to reassign the Residentfi^omOne room to another, as circumstancies
require. The Resident, his/her femily, and visitors agree to comply witii the Facility rules and
regulations and aire subject to all state and local laws and ordinances while residing or visiting The
WaterLeaf at Larid Park.
The WaterLeaf dt Land Park reserves the right to modify this agreement in whole or in part,
including but noti limited to, fee changes upon at least thirty (30) days written notice.
2. Basic Services
A. The Facilitylshall provide the following basic services for the following Resident:
Name of Resident Social Security No. Date of Birth
GENERAL SERVICES:
1) Lodging: Single occupancy fori Double occupancy
2) Food: ;
a. Three balanced meals daily and between meals nourishment or snacks.
b. Special diets, if prescribed by a doctor.
3) Housekeeping and laundry service.
4) Comfortable and suitable bed includingfi*eshlinen weekly, or more often, as required.
5) Assistance to schedule medical and dental appointments and arrange transportation.
6) Planned activity program including utilization of ayailable community resources.
7) Notification to family or other appropriatis person/agency of Resident's changing needs.
8) Mauitenance, trash removal, and utilities (except for telephone, telephone service, and
cable television).
PERSONAL SERVICES:
1) Regular observation, routine care and s.in?eryisipri, witiiin regulatory parameters. .Private^
duty aides or "oneron-one" caregivers are not allowed unless employed by The WaterLeof
at Land Park. The WaterLeaf at Land Park shall have the right to consult, with the
Resident's physiciah(s) regarding Resident's iieeds and/or coiicems.
2) Assistance with bathing, dressing and personal needs, as scheduled or arranged.
The WaterLeaf at Land mark
Resideatial Care Facility
Admission Agreement, page 2
i
3) Assistance in arranging for necessaiy medical and dental care, including transportation.
(The facility does not directly provide services).
4) Assista^ice in taking medications according to physician's iiistructions, as allowed by
California Code, Title 22, goveniing residential care facilities.
5) Bedsidi^ care for mmor temporary illnesses.
B. The monthly rate for basic services is $ ^ M OD
1) Uponraove-in.Resident will pay the fiill first month's rent. Facility will pro-rate the rent
charge according to actual date of move-in, and apply any credit to the second month. The
daily raie is calculated by multiplying the monthly rate by 12 months, then dividing by 365
days. [
2) Re-eva|uation of service needs shall be conducted periodically or in the event of a change
in condition ofthe Resident's needs, including, but not limited to, hospitalization.
3) An in^ial one-time, non-refiindable, administrative evaluation, m processing, and
preparajtion fee of $2,000 is due prior to move-in (Community Fee).
4) For tenlporary respite stays, a minimum rent charge of $2,000 will be billed regardless of
the l e n ^ of stay.
C . Monthly rerit is paid one month in advance. Billing statement are mailed around the 22™* of each
month. Payment is due on the first day of the month. A late fee of $100 will be assessed for
payments rei:ceived after the 5* of the month. In addition, jpayments outstanding afbr 30 days
will be assessed 8% annual interest charges until balance is paid in full. A $50 fee will be
assessed (plus applicable late charges) fbr retnm diiecks. The montiily rate, as stated aboVe,
does not include charges for optional services (see #3 below).
D. Fees for niedicai care, medicines (prescribed or over-the-counter), then^ists, ambulance
services, gu^st meals, and items such as dry cleaning are not included in the basic fe6.
3. Additional or: Optional Services
Service Amount Please Initial
A. Traiisportatiion to medical appointments See Transpc«t policy Afy
B. Staff accomjjaniment to appointments See Transport policy
C. Individualizki attendant care, as needed $20 per hour
D, Hospice care $200 per day
4. Facility Visitliig Policy
Visiting hours are generally fkiih 9 a.m. to 7 p.m., seven days per week
5, Notice of Rate/Term Change
If rates are increased, the Resident or Authorized Representative will be given at least sfacty (60) days
written notice of ihe change.
6. Monthly Rat
The monthly:rate|(item 2B) will be prorated on a daily basis for ntid-montii admissions and
departures.
The WaterLeaf at Land'Parh
Residential Care FacOtty
Admission Agreement,! page 3
7. Temporary Aibsence
If the Resident l^ves the Facility temporarily fbr any reason with the intention to return, and without
providing the Administrator a thirty (30) day written notice of intent to leave (see item 8), the
"holding rate" for the rooin is the same as is stated in item 2B.
8. Resident Dep|irture/Refund Policy
The Resident or iAuthorized Representative must provide the Administrator thirty (30) days written
notice of intent to leave, regardless of circumstances. The Resident is responsible fof rent charges
for the p^iod of 30 days following an unannounced (no 'written notice) departure, or until personal
belongings are removed from the Facility, whichever is longer. A minimum rent charge of $750
applies for any slays less than one (I) week in duration, In the event of Residents death, rent charges
only accrue through the date on which all personal property belonging to the deceased Resident has
been removed ftom the Facility. Any rent charges that are owed to the Resident or Authori2Bd
Representative wiili be refunded within fifteen (15) days after the removal ofall personal prop»ty.
9. Fadlity EYictfon/Termination Procedures
A. The FacilityyAdministrator may, upon thirty (30) days written notice, terminate this agreement,
and thereby levict the Resident for good cause, including, but not limited to, the followmg:
1) Nonpa^OTt of llie rate for basic services within ten days of Ihe due d ^ (first day of the
month);
2) Failure^of the Resideiit to comply With state or local laws.
3) Failure'of the Resident, the Resident's family, and/or guests to comply with the rules and
regulations of the facility.
4) The continued presence of die Resident creates a danger for bimselfherself or others.
5) Inability of Facility to meet die Resident's needs, or change in use ofthe fecility.
6) The Rodent, his/hw family, or visitors violate state or city laws or ordinances while
residing at or visiting The WaterLeaf at Land Park.
j
B. The Facility/Administrator may, upon obtaining prior documented approvalfiomthe licensing
agency, evidt the Resident witiiin three (3) days of written notice. The licensing agency may
grant approval for eviction, upon finding of good cause that the Resident's behavior poses a
threat to the|mental or physical health or safety of him/herself, or to others in the Facility.
C. The Facility/Administrator shall mail a copy of the eviction notice to the Resident's Authorized
Representative, if any, as well as to the Department of Social Services.
10. Default
If the Resident or Authorized Representative falls fo pay any sum due, or fails to comply with
any of the ^krovisions of this agreement, the Resident or Authorized Representative agrees to
pay all collection/legal fees and court costs associated with recovery.
11. Valuables
t
The Facilityiwill aoj be responsible for any cash resources. Ahy valuables or personal property
brought into; the Facility must be listed on the Resident's Personal Property Form.
The WaterLeaf dt Land Park,
Ruid^ntial Care Fadlity - ,
Admission Agreement,'page 4
, -: ,'
12. 5r H'^kl^l-l-g' HjD. ^ EhoneJ..
(Care concems or persona] needs) VWcST DrtC£Hf^t^^lU^ (>^'15|^i7^
Signature of Resident or Authorized Representetive below indicates that he/she has read, or has had
eicpiabed, the t«|nns of the agreement and the following parties consent to die provisions of this
docunient and a^ee^ be bound thereby.
PARTIES T G Tikis A G R E E M E N T
sident or Authorized KmreSBntatlve Date
Administral6r/Fac)ii^Rept«entfltive 'Date'
VCSC Rev. 10-20-16
ZOi- JUL3! AHihOO
OF CALIFORNIA
SACRAMENTO COUNTY
Preview
1 ZAHBIHI & WATKINS LAW FIRM, APC FILED SARA F. ZAHBIHI, ESQ. (SBN: 315434) Superior Court Of California, 2 ERIK WATKINS, ESQ. (SBN: 300725) 1333 HOWE AVE, SUITE 113 07/31/201B 3 SACRAMENTO, CA 95825 mwillianitsS 4 P: 916-970-1604 , Deputy szahbihi@zwlawfirm.com Castt Mum bul" 5 Attorneys for Plaintiff Valine Court Senior Care, Inc., 34-2019-002S1070 6 dba The WaterLeaf at Land Park, a California corporation. 7 8 IN THE SUPERIOR COURT OFTHE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SACRAMENTO 10 11 12 VALINE COURT SENIOR CARE INC., dba Case No.: THE WATERLEAF AT LAND PARK, a 13 California Corporation, Limited Action 14 Plaintiff, 15 COMPLAINT FOR: 16 1. BREACH OF WRITTEN CONTRACT; 17 SCHENELLE FLORES, Individually; 2. OPEN BOOK; and 18 LENA COLE, Individually; GLORIA J. RODRIGUEZ, Individually; and 3. ACCOUNT STATED 19 DOES 1-20 inclusive. 20 Defendants. 21 22 23 24 25 Plaintiff VALINE COURT SENIOR CARE INC., dba THE WATERLEAF AT LAND 26 PARK, a Califomia corporation by and through its attorneys of record, for its complaint hereby sue 27 SCHENELLE FLORES, LENA COLE, and GLORIA J. RODRIGUEZ (hereafter referred to each 28 as "Defendant", and collectively as "Defendants") as follows: Complamt for 1. Breach of Written Contract; et seq. Valine Court Senior Care Inc. v. Flores, etal. 1 PARTIES 2 1. Plaintiff, VALINE COURT SENIOR CARE INC., dba THE WATERLEAF AT 3 LAND PARK (hereafter referred to as "Valine", or "Plaintiff') is, and at all relevant times 4 mentioned herein was a corporation, duly organized, and existing under the laws of the State of 5 Califomia, with its principal place of business in Sacramento County, California. 6 2. Valine is a duly licensed, non-medical, residential assisted living care facility for the 7 elderly (hereafter referred to as the "Facility" or "Business"). 8 3. As part of its Business, Valine provides care services such as housing, meals, 9 housekeeping, maintenance, transportation to and from medical providers, and planned activities to 10 its elderly residents (hereafter collectively referred to as the "Services"). 11 4. Upon information, and belief, defendant SCHENELLE FLORES (hereafter referred to 12 as "Flores") is an individual residing in the County of Sacramento, California. 13 5. Upon information, and belief, defendant LENA COLE (hereafter referred to as "Cole") is an 14 individual residing in the County of Sacramento, Califomia. 15 6. Upon information, and belief, defendant GLORIA J. RODRIGUEZ (hereafter referred 16 to as "Rodriquez") is an individual residing in the County of Sacramento, California. 17 7. Upon information, and belief, at all relevant times each Defendant was the agent, 18 partner, successor in interest, and/or predecessor in interest, co-tortfeasor, and or co-conspirator of 19 each, or all of the Defendants, and each Defendant was acting in an individual capacity and within 20 the course and scope of the agency, partnership, and other capacities in committing the acts alleged 21 herein by Plaintiff. 22 8. Upon information, and belief. Plaintiff herein alleges that within the relationship 23 alleged above, each Defendant knew, or should have known about, and authorized, ratified, 24 adopted, approved, controlled, and aided and abetted the conduct of all other Defendants. 25 9. The true names and capacities of defendants sued herein as DOES 1-20, inclusive, are 26 presently unknown to Plaintiff, who therefore sues these defendants by such fictitious 27 names. Plaintiff will amend this Complaint to allege their true names and capacities when 28 Complaint for 1. Breach of Written Contract; et seq. Valine Court Senior Care Inc. v. Flores, et al. 1 ascertained. Plaintiff further alleges that each of the fictitiously named defendants is in some 2 manner liability to it for $12,964.77, plus interest rate, attorneys fees, and costs alleged herein. 3 JURISDICTION AND VENUE 4 10. Jurisdiction of this Court is proper pursuant to Code of Civil Procedure §410.10 5 because the basis is not inconsistent with the California, or United States Constitution. 6 11. Venue in Superior court of Sacramento County is proper because Defendants' 7 residence at the commencement of this action is in Sacramento County. Additionally, material 8 facts giving rise to the causes of action in this complaint occurred substantially in Sacramento 9 County. 10 COMMON FACTS 11 12. On March 15,2018, Defendants entered into a written contract with Plaintiff, for 12 Plaintiff to provide Services to Defendant Rodriquez (hereafter referred to as the "Contract"). A 13 true, and accurate copy of that Contract is attached hereto, and incorporated herein as Exhibit t . 14 13. Per terms of the Contract, and in exchange for Services performed. Defendants agreed 1,5 to compensate Plaintiff. 16 14. On March 16,2018, Defendant Rodriquez moved into the Facility, and begun 17 receiving Services from Plaintiff. 18 15. In February 2019, Defendants begun defaulting in payments to Plaintiff (hereafter 19 referred to as the "Balance Owed"). 20 16. On March 11,2019, Plaintiff was given a notice of termination of Services by 21 Defendant Flores. 22 17. On April 4,2019 Defendant Rodriquez moved out of Plaintiff's Facility. 23 18. On June 7,2019, in order to settle the Balance Owed, Plaintiff, and Defendants 24 entered into a mutual release and hold harmless agreement (hereafter referred to as the 25 "Agreement"), A true and correct copy of the Agreement is attached hereto, and incorporated 26 herein by reference as Exhibit 2. 27 19. On July 1,2019 Defendants breached the terms of the Agreement. 28 /// • Complaint for 1. Breach of Written Contract; et seq. 3 Valine Court Senior Care Inc. v. Flores, et al. 1 FIRST CAUSE OF ACTION 2 (BREACH OF WRITTEN CONTRACT) 3 (Against all Defendants) 4 20. Valine adopts, incorporates, and alleges the allegations contained in paragraphs 1 5 through 19 as though it were fully set forth herein. 6 21. On March 15,2018 Valine, and Defendants entered into a valid and enforceable 7 written Contract wherein Valine agreed to perform Services as requested of it to Defendant 8 Rodriqiiez, and Defendants agreed to pay Valine for the Services performed. 9 22. Valine has fully performed all promises, conditions, and covenants required of it 10 under the Contract, except to the extent excused therefrom by Defendants' conduct. 11 23. Upon completion of performance. Valine presented Defendants with demand for 12 payment. v 13 24. Defendants have breached their Contract with Valine by refusing, and failing to pay 14 Valine for the amount due for Services performed. 1,5 25. Defendants' failure to perform to Valine has caused Valine at least $12,964.77 in 16 damages, plus attomey's fees, and costs, and interest thereon at the legal rate. 17 SECOND CAUSE OF ACTION 18 (OPEN BOOK) 19 (Against all Defendants) 20 26. Valine adopts, incorporates, and alleges the allegations contained in paragraphs 1 21 through 25 as though it were fully set forth herein. 22 27. Within the last four years. Defendants became indebted to Valine in an amount of 23 $12,964.77 for a balance due on an open book account for Services performed by Valine. 24 28. The services performed were not primarily for personal, family or household 25 purposes. Pursuant to California Civil Code Section 17175, Plaintiff is entided to reasonable 26 attomey's fees. 27 /// 28 /// Complaint for 1. Breach of Written Contract; er. seq'. 4 Valine Court Senior Care Inc. v. Flores, eto/. 1 THIRD CAUSE OF ACTION 2 (ACCOUNT STATED) 3 (Against all Defendants) 4 29. Valine adopts, incorporates, and alleges the allegations contained in paragraphs 1 5 through 28 as though it were fully set forth herein. 6 30. In the normal course of its business. Valine has maintained an account open in the 7 name of Defendants. 8 31. Defendants have become indebted to Valine in the amount of $12,964.77 on an 9 account stated for Services performed by Valine on demand from Defendants. 1,0 32. Valine has served Defendants with statement of account, and has demanded payment. 11 33. Notwithstanding Valine's demands for payment, Defendants have refused to pay 12 Valine, and continue to refuse to pay Valine. 13 PRAYER 14 WHEREFORE, Plaintiff VALINE COURT SENIOR CARE INC., dba THE 1,5 WATERLEAF AT LAND PARK, a Califomia corporation pray forjudgment against 16 SCHENELLE FLORES, LENA COLE, GLORIA J. RODRIGUEZ, and each of them including 17 Doe Defendants, as follows: 18 1. For damages in an amount to be proven at trial, but not less than the amount of 19 $12,964.77; 20 2. For interest as provided by law; 21 3. For attorney's fees, and costs of lawsuit incurred herein under California Civil Code 22 section 1717, and or altematively under California Civil Code section 17175; 23 4. For such further and additional relief as the Court may deem just and proper. 24 2.5 26 27 28 Complaint for 1. Breach of Written Contract; er. seqf. 5 Valine Court Senior Care Inc. v. Flores, et o/. 1 Respectfully submitted. 2 Dated: July 30,2019. 3 ZAHBIHI & WATKINS LAW FIRM, APC. 4 5 6 7 SARA F. ZAHBIHI, ESQ. 8 ERIK WATKINS, ESQ Attorneys for Plaintiff, 9 VALINE COURT SENIOR CARE INC., dba THE WATERLEAF AT LAND PARK, a 10 California corporation. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Complaint for 1. Breach of Written Contract; et seq. Valine Court Senior Care Inc. v. Flores, etal. Exhibit 1 i ~rfie WaterLeaf at \_anci fark Residential Care Facility ADMISSION AGREEMENT (This is a binding agreement. Please take thetimeto familiarize yourselfwith its provisions.) 1. Facility Infonnation The WaterLeaf at Land Park, 966 43"* Avenue, Sacramento, CA 95831, is a residential care facility for the elderly libensed by the State Department of Social Services. This is a non-medical care facility, and notj allowed to provide medical or nursing care. Residents whose needs advance beyond the scope of the license of The WaterLeaf at Land Park will be required to seek appropriate care at an altemate facility that is equipped to meet these escalating needs. The WaterLeaf at Land Park will rent a unit, either private or semi-private, on a month-to-montfa basis to the Resident listed below, and such unit is not transferable or leassignable. TJie WaterLeaf at Land Park reserves the right to reassign the Resident from one room to another, as circumstanciss require. The Resident, his/her femily, and visitors agree to comply witii the Facility rules and regulations and eke subject to all state and local laws and ordinances while residing or visiting The WaterLeaf at Larid Park. The WaterLeaf dt Land Park reserves the right to modify this agreement in whole or in part, includmg but noti limited to, fee changes upon at least thirty (30) days written notice. 2. Basic Service^ A. The Facility;shall prbvide the following basic services for the following Resident: Name of Resident— Social Security No. DateofBirth GENERAL SERVICES: 1) Lodging: yC Single occupancy (or) Double occupancy 2) Food: : a. Three balanced meals daily and between meals nourishment or snacks. b. Special diets, if prescribed by a doctor. 3) Housekeeping and laundry service. 4) Comfortable and suitable bed includingfreshlinen vveekly, pr more often, as required. 5) Assistance to schedule medical and dental ^pointments and arrange transportation. 6) Planned activity program including utilization of ayailable commimity resources. 7) Notification tp faniily or other appropriate persoii/agiency of Resident's chafiging needs. 8) Maintenance, trash removal, and utilities (except for telephone, telephone service, and cable television). PERSONAL SERVICES: 1) Regular obseirvation, routine care and superyisiph, y*^^ regulatory parameters. . Private „ duty aides or "one-on-one" caregivers are not allowed unless employed by The WaterLeof at Lend Park. The WaterLeaf at Lmd Park shall have tite right to consult with the Residwit's physician(s) regarding Resident's iieeds and/or concems. 2) Assistance with bathing, dressing and personal needs, as scheduled or arranged. The WaterLeaf at Land Park Residential Care Facility Admission Agreement, page 2 i 3) Assistance in arranging for necessary medical and dental care, including transportation. (The facility does not directly provide services). 4) Assistance in taking medications according to physician's instructions, as allowed by California Code, Title 22, govemitig residential care facilities. 5) Bedside care for minor temporary illnesses. B. The monthly rate for basic services is $ ^ M OO -. 1) Upon ihove-in. Resident will pay the flill first month's rent. Facility will pro-rate the rent charge according to actual date of move-in, and apply any credit to the second month. The daily rate is calculated by multiplying the monthly rate by 12 months, then dividing by 365 days, 2) Re-evaluation of service needs shall be conducted periodically or in the event of a change in condition of the Resident's needs, including, but not limited to, hospitalization. 3) An initial one-time, non-refimdable, administrative evaluation, in processing, and preparation fee of $2,000 is due prior to move-in (Community Fee). 4) For teriiporary respite stays, a minimum rent charge of $2,000 will be billed regardless of the length of stay. C. Monthly rent is paid one month in advance. Billing statement are mailed arotmd the 22""* of each month. Payrnent is due on the first day ofthe month. A late fee of $100 will be assessed for payments received after the 5* of the month. In addition, payments outstanding after 30 days will be assessed 8% annual interest charges until balance is paid in full. A $50 fee will be assessed (plus applicable late charges) for retum checks. The monthly rate, as stated above, does not include charges for optional services (see #3 below). D. Fees for medical care, rnedicines (prescribed or over-the-counter), therapists, ambulance seirvices, guest meals, and items such as dry cleaning are not included in the basic fee. 3. Additional or Optional Services Service Aniount Please Initial A. Transportation to medical appointments See Transport, policy tJ^ B. Staff accompaniment to appointments See Transport, policy C. Individualized atteiidant care, as needed $20 per hour D. Hospice care $200 per day 4. Facility Visiting Policy Visiting hours are generally from 9 a.m. to 7 p.m., seven days per week. 5. Notice of Rate/Term Change If rates are increased, the Resident or Authorized Representative will be given at least sixty (60) days written notice of the change. 6. Monthly Rate The monthly ratej(item 2B) will be prorated on a daily basis for mid-month admissions and departures. The WaterLeaf at Land Park Residential Care Facility Admission Agreement,! page 3 7. Temporary Absence If the Resident leaves the Facility temporarily for any reason with the intention to retum, and without providing the Administrator a thirty (30) day written notice of intent to leave (see item 8), the "holding rate" foi" the room is the same as is stated in item 2B. j 8. Resident Departure/Refund Policy The Resident or Authorized Representative must provide the Administrator thirty (30) days written notice of intent to leave, regardless of circumstances: The Resident is responsible for rent charges for the period of ;30 days following an unannounced (no written notice) departure, or until personal belongings are removedfiromthe Facility, whichever is longer. A minimum rent charge of $750 applies for any stays less than one (I) week in duration. In the event of Residents death, rent charges only accrue throiigh the date on which all personal property belonging to the deceased Resident has been removed firom the Facility. Any rent charges that are owed to the Resident or Authorized Representative will be refunded within fifteen (15) days after the removal of all personal property. 9. Facility Eviction/Termination Procedures A. The Facility/Administrator may, upon thirty (30) days written notice, terminate this agreement, and thereby evict the Resident for good cause, including, but not limited to, the following: 1) Nonpayment of the rate for basic services within ten days of the due date (first day of the month). 2) Failure;of the Resident to comply with state or local laws. 3) Failure'of the Resident, the Resident's family, and/or guests to comply with the mles and regulations of the facility. 4) The continued presence of the Resident creates a danger for himself/herself or others. 5) Inability of Facility to meet the Resident's needs, or change in use of the facility. 6) The Resident, his/her family, or visitors violate state or city laws or ordinances while residing at or visiting The WaterLeaf ai Land Park. B. The Facility/Administrator may, upon obtaining prior documented approval from the licensing agency, evict the Resident within three (3) days of written notice. The licensing agency may grant approval for eviction, upon finding of good cause that the Resident's behavior poses a threat to the mental or physical health or safety of him/Tierself, or to others in the Facility. C. The Facility/Administrator shall mail a copy of the eviction notice to the Resident's Authorized Representative, if any, as well as to the Department of Social Services. 10. Default If the Resident or Authorized Representative fails to pay any suni due, or fails to comply with any of the provisions of this agreement, the Resident or Authorized Representative agrees to pay all collection/legal fees and court costs associated with recovery. 11. Valuables The Facility' will not be responsible for any cash resources. Any valuables or personal property brought into|the Facility must be listed on the Resident's Personal Property Form. The WaterLeaf at Land Park Residential Care Facility —— v " Admission Agreement^; page 4 12. S^^^^^-^ Pto^ees WILL (Name of Resident or Authorized Representative) A. Pay the basic monthly rate in advance, as required by the terms of this agreement. B. Observe th«i policies of the Facility, including the "House Rules," which make it possible for Residents tP live together, cooperatively. C. Not bring medications, homemade or special foods or beverages into Facility without the Administrator's knowledge. D. Not be destriictive of the property ofthe Facility or of other Residents. E. Provide thirty (30) day written notice of intent to move from the Facility, regardless of circumstances. 13; -Resid eat^^-Privacy The Facility/Administrator, or designated representative, has the right to enter a Resident's room to perform maintenance, housekeeping, and/or care services. In addition, Califomia Code of Regulations gnuits the ri^t of the licensing agency (Department of Social Sevices - Community Care Licensing) |to perform unannounced inspections of the Facility, including a Resident's private room. The FaciUty reserves the right to take photographs of the Residents for documentation and identification purposes. 14. Correspondence/Communication The Facility shall bill, on a monthly basis, the following party, and will communicate any needs or information regarding the Resident to the party identified below: Name of Responsible Part>' Address 5/\c/24rV)eAJTU CA 4^S^3 Phone # (Financial concerns)? ^ .Name of. Responsible .Barty.. ,__^ddress., n-vj.^^-^.-p -r.-ir-i^~^ i Pioaei (Care concems or personal needs) vJtsST S n C i l H m c W lU^ (>^^5X?^/^ Signature of Resident or Authorized Representative below indicates that he/she has read, or has had explained, the terms of the agreement and the following parties consent to the provisions of this document and agree to be bound thereby. PARTIES T O T H I S A G R E E M E N T Date ^ IT Admlnistraior/Facifity Representative H' Date VCSC Rev. 10^20-16. Exhibit 2 MUTUAL RELEASE AND HOLD HARMLESS AGREEMENT This MUTUAL RELEASE AND HOLD HARMLESS AGREEMENT (the "Agreement"), effective as of the last date printed on the signature page of this Agreement (the "Effective Date") is made by and between Valine Court Senior Care, Inc., doing business as The WaterLeaf at Land Park, a corporation duly organized, and existing under the laws of the State of Califomia (the "Company") and Scheneile Flores, ("Flores"). Frorri time to time, in this Agreement, the Company, and Flores shall together be referred to as the "Parties", and each, a "Party". RECITALS WHEREAS, the Company is in the business of operating a residential, non-medical care facility for the elderly (the "Services"). WHEREAS, on March 15, 2018 Flores entered into an agreement with the Company (the "Contract") for the benefit of, and for Company to provide Services to Gloria J. Rodriquez (the "Beneficiary"). Attached hereto, and incorporated herein as Exhibit 1 is a true, and accurate copy of the Contract. WHEREAS, per terms of the Contract, Flores agreed to pay Company for Services provided by Company to the Beneficiary (the "Payments"). WHEREAS, in February, 2019 Flores begun defaulting on Payments to the Company (the "Default"). WHEREAS, on March 11, 2019 the Company was given thirty (30) day notice of termination of Services by Flores. WHEREAS, on April 04, 2019 the Companyfinishedperforming all promises, conditions, and covenants required of it under the Contract. WHEREAS, the Company has made demand for payment from Flores for the Default period of February 2019, March 2019, and April 1-10,2019 for the end of the thirty (30) day notice period. WHEREAS, a dispute has arisen between the Parties regarding full payment of $11,059.57 by Flores to the Company for services rendered by the Company to the Beneficiary (the "Dispute"). WHEREAS, by the terms set forth in this Agreement, it is now the mutual desire of the Parties to resolve the Dispute, and terminate their relationship, and to hold each other harmless. AGREEMENT AND RELEASE OF CLAIMS NOW, THEREFORE, in consideration of and in reliance on the promises, representations, confirmations, and mutual covenants contained herein, all of which constitute good and sufficient material consideration for the agreements and undertakings, the Company, and Flores intending to be legally bound, hereby agree as follows: 1. OBLIGATIONS OF PARTIES; 1.1 Settlement Amount. Flores agrees to pay the Company $11,059.57, plus $1,905.20 in attomey's fees incurred by Company as a direct result of its collection efforts in this matter for a total of 12,964.77 (the "Settlement Amount"). 1.2 Company shall accept the Settlement Amount as full satisfaction of the Services rendered by the Company. 1.3 Company further agrees to accept the Settlement Amount in accordance with the payment schedule set forth below under paragraph 1.4 of this Agreement (the "Payment Schedule"). 1.4 Payment Schedule. Parties agree that Settlement Payment shall be made from Flores to Company in monthly installments in accordance with the following Payment Schedule: 1. First payment is due on July 1, 2019. 2. Checks for payment shall be made out to The WaterLeaf at Land Park, and mailed to P.O. Box 7914. Stockton. CA 95267. 3. Prior to procurement of employment by either Flores, or Joe Flores, the Company agrees to accept a sum of $500.00 per month, due on the first of each month. 4. After procurement of employment by either Flores, or Joe Flores, payment amount increases to $1,500.00 per month, due on the first of each month until the Settlement Amount is fully satisfied. 1.5 Notice of Procurement of Employment. Within ten (10) days of procurement of employment by either Flores, or Joe Flores, Flores shall give written notice of procurement of employment to the Company, and Company's attomey of record, Sara F. Zahbihi. An email to the following email addresses shall be sufficient to satisfy the notice requirement under this section: mawl2@,att.net. and, szahb i h i @zwl awfi rm. com. 1.6 Failure to Give Notice. Failure to give notice as required under section 1.5 of this Agreement shall be construed as a material breach of this Agreement, and shall render the release, and settlement set forth in this Agreement as null and void. The Company shall be free to pursue its legal remedies under the terms of the Contract, or this Agreement. 1.7 Late Payment Fee. Payments are due on the first of each month. If payment is not received by the Company by the tenth (10) day of the month, then there shall be an addition of $100.00 late payment fee to any payment due for the month. 1.8 Default Interest Rate. In the event that payment is not received in accordance with the Payment Schedule, Flores agrees to pay an interest rate of eight percent (8%) per annum on all payments past due. EVENTS OF DEFAULT; Each of the following shall constitute an events of default under this Agreement: 2.1 Defauh in Payment Schedule. Failure of Flores to make any payment when due according to the Payment Schedule laid out in section 1.4 of this Agreement. 2.2 Other Defaults. Failure of Flores to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement, including failure of Flores to give notice in accordance with section 1.5 of this Agreement. 2.3 Right of Company Upon Occurrence of Default. If an event of default occurs under this Agreement, at any time thereafter. Company shall have all rights to exercise any one or more of the following remedies: 1. Accelerate Payments. Company may declare the entire Settlement Amount immediately due and payable without notice. 2. Election to Prosecute the terms of this Agreement, or the Original Contract. Company may elect to prosecute, and pursue its remedies under either the terms of the original Contract executed between Parties, or the terms of this Agreement. NO FURTHER OBLIGATIONS OF THE PARTIES; After the Parties' execution of this Agreement, and upon receipt of payment in the sum of 12,964.77 from Flores to the Company, the Parties shall have no further obligations to each other, including, but not limited to any further payments from Flores to the Company, nor any further services to be performed, or provided by the Company to Flores. MUTUAL RELEASE; Upon execution of this Agreement, the Parties, on their behalf and on behalf of their past, present, and future successors, predecessors, affiliates, representatives, officers, employees, and assigns (collectively "Parties' Affiliates"), hereby absolutely, unconditionally, and irrevocably forever release and discharge, together with all of the direct or indirect past, present, and future successors, predecessors, and assigns, and all of its and their shareholders, parent companies, subsidiaries, affiliates, insurers, representatives, officers, directors, and employees (collectively "Released Parties")^ from any and all actions, causes of action, claims, controversies, costs, demands, expenses, injuries, judgments, losses, liabilities, attomey's fees, suits, or damages, of any kind or nature whatsoever, whether known or unknown, matured or unmatured, foreseen or unforeseen, liquidated or unliquidated, anticipated or unanticipated, suspected or unsuspected, past, present, or future, direct or indirect, contingent or absolute, arising out of or in any way related thereto. Parties understand that they may later discover claims or facts that may be different from, or in addition to, those that it or any other Party now knows or believes to exist regarding the subject matter of the release, and which, if known at the time of signing this Agreement, may have materially affected this release and such Parties' decision to enter into it and grant the release. Nevertheless, the Parties intend to fully, finally and forever settle and release all claims that now exist, may exist, or previously existed, as set out in the release, whether known or unknown, foreseen or unforeseen, or suspected or unsuspected, and the release given herein is and will remain in effect as a complete release, notwithstanding the discovery or existence of such additional or different facts. The Parties hereby waive any right or claim that might arise as a result of such different or additional claims or facts. The Parties have either had benefit of counsel, or were provided ample opportunity to procure advise of counsel of their own choosing. The Parties have been made aware of, and understand, the provisions of Califomia Civil Code Section 1542 which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The Parties expressly, knowingly, and intentionally waive any and all rights, benefits and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release. 5. CONFIDENTIALITY; Each Party acknowledges the confidential nature of the terms and conditions of this Agreement and agrees that it shall not (a) disclose any of such confidential information to any person or entity, except to such Party's representatives who need to know the confidential information to assist such Party or act on its behalf in performing its obligations under this Agreement; or (b) use the confidential information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement. 6. GOVERNING LAW & ATTORNEY'S FEES; This Agreement and all matters arising out of or relating to this Agreement are govemed by, and construed in accordance with the laws of the state of Califomia, without regard to the conflict of laws provision of such state. Any legal suit, action or proceeding arising out of this Agreement must be instituted in the courts of the State of Califomia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. If any terms or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Prevailing party in any litigation arising under this Agreement shall be awarded reasonable attomey's fees and costs. 7. ENTIRE AGREEMENT; This Agreement is the sole and entire agreement between Parties regarding the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. This Agreement shall not be modified, waived, supplemented or changed except by a writing signed by both Parties. Neither Party may assign, transfer, or delegate any or all of its rights or obligations under this Agreement without the prior written consent of the other Party. 8. AMBIGUOUS TERMS. IF ANY. NOT CONSTRUED AGAINST THE DRAFTER: This Agreement is the product of input from both Parties', or Parties' respective counsels. Accordingly, any ambiguity in this Agreement shall not be construed against the drafter of this Agreement. 9. AUTHORITY TO ENTER AGREEMENT; Each Party hereby represents and warrants to the other Parties that: (a) it has the full right, power, and authority to enter into this Agreement, to grant the agreement and release of claims contained herein and to perform its obligations hereunder; (b) the execution and delivery by such Party constitutes the legal, valid, binding, and enforceable obligation of such Party. 10. COUNTERPARTS; This Agreement may be signed in counterparts, but all of which together shall constitute one and the same agreeriient. Electronic, facsimile, or email copies of Parties' signatures shall have the same legal effect as if original. [THIS SECTION IS INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] EV WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed by their duly authorized officers or representatives. Dated: Valine Court Senior Care, Inc. dba The WaterLeaf at i Land Park. V By: Mike Williamson. Titie: Chief Financial Officer. Dated: Scheneile Flores. ES WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed by then- duly authorized officers or representatives. Dated: Valine Court Senior Care, Inc. dba The WaterLeaf at Land Park. By: Mike Williamson. Title: Chief Financial Officer. Dated: LO Scheneile Flores. Exhibit 1 ; *J"lTe^ W a t e r L e a f at L a n d f*arlc Residential Care Facility ADMISSION AGREEMENT (This is a binding agreement. Please take the time to familiarize yourself with its provisions.) 1. Facility Infoiination The WaterLeaf at Land Pco-k, 966 43"* Avenue, Sacramento, CA 95831, is a residential care facility for the elderly libensed by the State Department of Social Services. This is a non-medical care facility, and notj allowed to provide medical or nursing care. Residents whose needs advance beyond the scope of the license of The WaterLeaf at Land Park will be required to seek appropriate care at an altemate facility that is equipped to meet these escalating needs. The WaterLeaf dt Land Park will rent a imit, either private or semi-private, on a month-to-raonth basis to the Resident listed below, and such unit is not transferable or reassignable. Tfie WaterLeaf at Land Park reserves the right to reassign the Residentfi^omOne room to another, as circumstancies require. The Resident, his/her femily, and visitors agree to comply witii the Facility rules and regulations and aire subject to all state and local laws and ordinances while residing or visiting The WaterLeaf at Larid Park. The WaterLeaf dt Land Park reserves the right to modify this agreement in whole or in part, including but noti limited to, fee changes upon at least thirty (30) days written notice. 2. Basic Services A. The Facilitylshall provide the following basic services for the following Resident: Name of Resident Social Security No. Date of Birth GENERAL SERVICES: 1) Lodging: Single occupancy fori Double occupancy 2) Food: ; a. Three balanced meals daily and between meals nourishment or snacks. b. Special diets, if prescribed by a doctor. 3) Housekeeping and laundry service. 4) Comfortable and suitable bed includingfi*eshlinen weekly, or more often, as required. 5) Assistance to schedule medical and dental appointments and arrange transportation. 6) Planned activity program including utilization of ayailable community resources. 7) Notification to family or other appropriatis person/agency of Resident's changing needs. 8) Mauitenance, trash removal, and utilities (except for telephone, telephone service, and cable television). PERSONAL SERVICES: 1) Regular observation, routine care and s.in?eryisipri, witiiin regulatory parameters. .Private^ duty aides or "oneron-one" caregivers are not allowed unless employed by The WaterLeof at Land Park. The WaterLeaf at Land Park shall have the right to consult, with the Resident's physiciah(s) regarding Resident's iieeds and/or coiicems. 2) Assistance with bathing, dressing and personal needs, as scheduled or arranged. The WaterLeaf at Land mark Resideatial Care Facility Admission Agreement, page 2 i 3) Assistance in arranging for necessaiy medical and dental care, including transportation. (The facility does not directly provide services). 4) Assista^ice in taking medications according to physician's iiistructions, as allowed by California Code, Title 22, goveniing residential care facilities. 5) Bedsidi^ care for mmor temporary illnesses. B. The monthly rate for basic services is $ ^ M OD 1) Uponraove-in.Resident will pay the fiill first month's rent. Facility will pro-rate the rent charge according to actual date of move-in, and apply any credit to the second month. The daily raie is calculated by multiplying the monthly rate by 12 months, then dividing by 365 days. [ 2) Re-eva|uation of service needs shall be conducted periodically or in the event of a change in condition ofthe Resident's needs, including, but not limited to, hospitalization. 3) An in^ial one-time, non-refiindable, administrative evaluation, m processing, and preparajtion fee of $2,000 is due prior to move-in (Community Fee). 4) For tenlporary respite stays, a minimum rent charge of $2,000 will be billed regardless of the l e n ^ of stay. C . Monthly rerit is paid one month in advance. Billing statement are mailed around the 22™* of each month. Payment is due on the first day of the month. A late fee of $100 will be assessed for payments rei:ceived after the 5* of the month. In addition, jpayments outstanding afbr 30 days will be assessed 8% annual interest charges until balance is paid in full. A $50 fee will be assessed (plus applicable late charges) fbr retnm diiecks. The montiily rate, as stated aboVe, does not include charges for optional services (see #3 below). D. Fees for niedicai care, medicines (prescribed or over-the-counter), then^ists, ambulance services, gu^st meals, and items such as dry cleaning are not included in the basic fe6. 3. Additional or: Optional Services Service Amount Please Initial A. Traiisportatiion to medical appointments See Transpc«t policy Afy B. Staff accomjjaniment to appointments See Transport policy C. Individualizki attendant care, as needed $20 per hour D, Hospice care $200 per day 4. Facility Visitliig Policy Visiting hours are generally fkiih 9 a.m. to 7 p.m., seven days per week 5, Notice of Rate/Term Change If rates are increased, the Resident or Authorized Representative will be given at least sfacty (60) days written notice of ihe change. 6. Monthly Rat The monthly:rate|(item 2B) will be prorated on a daily basis for ntid-montii admissions and departures. The WaterLeaf at Land'Parh Residential Care FacOtty Admission Agreement,! page 3 7. Temporary Aibsence If the Resident l^ves the Facility temporarily fbr any reason with the intention to return, and without providing the Administrator a thirty (30) day written notice of intent to leave (see item 8), the "holding rate" for the rooin is the same as is stated in item 2B. 8. Resident Dep|irture/Refund Policy The Resident or iAuthorized Representative must provide the Administrator thirty (30) days written notice of intent to leave, regardless of circumstances. The Resident is responsible fof rent charges for the p^iod of 30 days following an unannounced (no 'written notice) departure, or until personal belongings are removed from the Facility, whichever is longer. A minimum rent charge of $750 applies for any slays less than one (I) week in duration, In the event of Residents death, rent charges only accrue through the date on which all personal property belonging to the deceased Resident has been removed ftom the Facility. Any rent charges that are owed to the Resident or Authori2Bd Representative wiili be refunded within fifteen (15) days after the removal ofall personal prop»ty. 9. Fadlity EYictfon/Termination Procedures A. The FacilityyAdministrator may, upon thirty (30) days written notice, terminate this agreement, and thereby levict the Resident for good cause, including, but not limited to, the followmg: 1) Nonpa^OTt of llie rate for basic services within ten days of Ihe due d ^ (first day of the month); 2) Failure^of the Resideiit to comply With state or local laws. 3) Failure'of the Resident, the Resident's family, and/or guests to comply with the rules and regulations of the facility. 4) The continued presence of die Resident creates a danger for bimselfherself or others. 5) Inability of Facility to meet die Resident's needs, or change in use ofthe fecility. 6) The Rodent, his/hw family, or visitors violate state or city laws or ordinances while residing at or visiting The WaterLeaf at Land Park. j B. The Facility/Administrator may, upon obtaining prior documented approvalfiomthe licensing agency, evidt the Resident witiiin three (3) days of written notice. The licensing agency may grant approval for eviction, upon finding of good cause that the Resident's behavior poses a threat to the|mental or physical health or safety of him/herself, or to others in the Facility. C. The Facility/Administrator shall mail a copy of the eviction notice to the Resident's Authorized Representative, if any, as well as to the Department of Social Services. 10. Default If the Resident or Authorized Representative falls fo pay any sum due, or fails to comply with any of the ^krovisions of this agreement, the Resident or Authorized Representative agrees to pay all collection/legal fees and court costs associated with recovery. 11. Valuables t The Facilityiwill aoj be responsible for any cash resources. Ahy valuables or personal property brought into; the Facility must be listed on the Resident's Personal Property Form. The WaterLeaf dt Land Park, Ruid^ntial Care Fadlity - , Admission Agreement,'page 4 , -: ,' 12. 5r H'^kl^l-l-g' HjD. ^ EhoneJ.. (Care concems or persona] needs) VWcST DrtC£Hf^t^^lU^ (>^'15|^i7^ Signature of Resident or Authorized Representetive below indicates that he/she has read, or has had eicpiabed, the t«|nns of the agreement and the following parties consent to die provisions of this docunient and a^ee^ be bound thereby. PARTIES T G Tikis A G R E E M E N T sident or Authorized KmreSBntatlve Date Administral6r/Fac)ii^Rept«entfltive 'Date' VCSC Rev. 10-20-16 ZOi- JUL3! AHihOO OF CALIFORNIA SACRAMENTO COUNTY