Preview
1WENDY C. YORK, SEN 166864
REBEKAH R. GIBSON, SBN 252111
2 York Law Corporation
1111 Exposition Blvd., Bldg 500
3 Sacramento, California 95815
Ph: (916) 643-2200
4 Fax:(916)643-4680
5 Attorneys for Plaintiffs, MARTINA K. ZUBEIDI,
an individual and as Successor in Interest of
6 ERNEST HUDDLESTON (Decedent)
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SACRAMENTO
10 EDITH M. HUDDLESTON and MARTINA K.
ZUBEIDI, as individuals and as Successors in CASE NO: 34-2008-00008404
11 Interest of ERNEST HUDDLESON (Decedent)
PLAINTIFF'S FIRST AMENDED
12 COMPLAINT FOR:
Plaintiffs,
13 I. NEGLIGENCE;
vs
14 II. ELDER ABUSE/NEGLECT;
SAINT CLAIRE'S NURSING CENTER, INC. III. NEGLIGENCE PER SE;
15 and DOES 1 through 50 inclusive. IV. FRAUD/MISREPRESENTATION;
V. UNFAIR BUSINESS PRACTICES; &
16 Defendants. VI. WRONGFUL DEATH
17
18
19 EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI, as individuals and as Successors
20 in Interest of ERNEST HUDDLESTON, decedent, by and through their attorneys, hereby complains
21 of defendants, and each of them, and for causes of action allege as follows:
22 PRELIMINARY ALLEGATIONS
23 1. This is a nursing home neglect case filed by EDITH M. HUDDLESTON and
24 MARTINA K. ZUBEIDI, as individuals and as successors in interest of ERNEST
25 HUDDLESTON, (hereafter referred to as "Decedent") for elder abuse and neglect, negligence,
26 negligence per se, unfair business practice, fraudulent misrepresentation, wrongful death and
27 related claims against the nursing home charged with his care. Decedent ERNEST
28 HUDDLESTON sustained serious injuries that led to his death, including but not limited to severe
1
COMPLAINT
1 dehydration, overmedication resulting in decreased level consciousness, multiple falls resulting in
2 a hip fracture, untreated bedsore on his heel, untreated urinary tract infections and sepsis.
3 2. Plaintiffs, EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI are successors
4 in interest of Decedent, ERNEST HUDDLESTON. Plaintiff, EDITH M. HUDDLESTON succeeds
5 to these causes of action as trustee for the Estate of ERNEST HUDDLESTON. Plaintiff,
6 MARTINA K. ZUBEIDI brings this complaint, in part in the capacity of successor in interest, and
7 in part on her own behalf.
8 3. Plaintiffs EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI both reside in
9 the County of Sacramento.
10 4. At all times mentioned, Defendant SAINT CLAIRE'S NURSING CENTER,
11 (hereinafter referred to as "SAINT CLAIRE'S") was and is in business of providing long-term
12 care as a twenty-four hour facility as defined in Section 1250(d) of the Health & Safety Code and
13 in section 87101(r)(5) of Title 22 and subject to the requirements of state law, and was at all times
14 mentioned doing business at 6248 66th Ave., Sacramento, California as a skilled nursing facility
15 and "care custodian" (Welfare and Institutions Code section 15610.17). Defendant, SAINT
16 CLAIRE'S is located and does business in Sacramento County.
17 5. Decedent, ERNEST HUDDLESTON was an 87-year-old gentleman who up until
18 his admission at SAINT CLAIRE'S resided with his wife and daughter. Decedent ERNEST
19 HUDDLESTON was admitted on or about May 25, 2007 to SAINT CLAIRE'S, a skilled nursing
20 facility. At the time of his admission he had a history of diabetes, chronic renal insufficiency,
21 hypertension, hypothyroidism and mild dementia. Decedent was admitted to the facility to
22 receive supervision, twenty-four hour care for rehabilitation from bilateral knee surgery.
23 6. The Decedent resided at SAINT CLAIRE'S, where he was supposed to receive total
24 care, until his death on September 29, 2007.
25 7. Plaintiff, MARTINA ZUBEIDI, the daughter of Decedent, had power of attorney at
26 the time of decedent's residency at SAINT CLAIRE'S and was the responsible party for all of
27 Decedent's heath-care decisions.
28
COMPLAINT
1 8. Under the provisions of Welfare and Institutions Code §§15610.23 and 15610.27,
2 Decedent ERNEST HUDDLESTON was at all times mentioned an "elder" and "dependent adult".
3 9. Plaintiffs are informed and believe that Defendant, SAINT CLAIRE'S is a privately
4 owned company doing business in the State of California as SAINT CLAIRE'S NURSING
5 CENTER, INC.
6 10. The true names and capacities of the defendants named herein as DOES 1 through
7 50, inclusive, whether individual, corporate, associate, or otherwise, are unknown to Plaintiffs,
8 who therefore sue such defendants by fictitious names pursuant to Code of Civil Procedure section
9 474. Plaintiff is informed and believes that said DOE defendants are California residents, and
10 Plaintiff will amend this Complaint to show such true names and capacities when they have been
11 determined.
12 11. At all times mentioned herein, each and every defendant was the agent and
13 employee of each and every other defendant; and, in doing the things alleged, was acting within
14 the course and scope of such agency and employment; and, in doing the acts herein alleged, was
15 acting with the consent, permission and authorization of each of the remaining defendants. All
16 actions of each defendant herein alleged were ratified and approved by the officers or managing
17 agents of every other defendant.
18 12. Plaintiffs are informed and believe, and thereby allege, that each of the defendants
19 herein were at all times relevant hereto the agent, managing agent, employee or representative of
20 the remaining defendants and was acting at least in part within the course and scope of such
21 relationship.
22 14. The Decedent, ERNEST HUDDLESTON, became a resident of Defendant SAINT
23 CLAIRE'S, a skilled nursing facility, because he suffered physical infirmities as a senior citizen
24 with multiple health conditions including mild dementia and was rehabilitating from bilateral knee
25 surgery. As a result of Decedent's physical condition, he was totally dependent upon defendants
26 and SAINT CLAIRE'S for his complete care.
27 15. Throughout the Decedent's residence at SAINT CLAIRE'S it was the duty of
28 defendants to provide the Decedent with nursing care, guarantee his freedom from mental and
3
COMPLAINT
1 physical abuse, to treat him with consideration, respect and full consideration of his dignity and
2 individuality, to monitor his health and care plan, to keep him and his responsible party informed
3 of his medical status, to protect him from dangerous conditions, to protect him from abuse, and to
4 monitor him, among others. Defendants also owed a duty to Decedent and his family to disclose
5 all material facts that might influence him and his family on whether SAINT CLAIRE'S could
6 properly care for Decedent, including the duty to disclose whether SAINT CLAIRE'S had a
7 history of neglect, abuse or prior regulatory citations.
8 16. On or about August 5, 2007, Decedent suffered a fractured hip as the result of
9 falling out of his bed. Despite suffering a fractured hip, which is a very serious and life
10 threatening injury, Decedent was not taken to the hospital, his family was not contacted and no
11 physician was consulted. Instead, Defendant was placed back into his bed and left in excruciating
12 pain. It was not until the following morning when his family came to visit and they noticed a
13 marked change in his physical well being and demanded medical attention and that defendants
14 have Decedent transferred to the hospital for medical attention where x-rays confirmed that he was
15 suffering from a broken hip.
16
17. On August 5, 2007, ERNEST HUDDLESTON was admitted into Mercy General
Hospital for a hip fracture after a fall he had at SAINT CLAIRE'S during the previous night. He
18 also complained of foot pain at the time of examination and a 1.2 cm bed sore was discovered on
19 his heel. On August 8, 2007, surgery was performed to stabilize Decedent's hip fracture.
20 Following the operation, Decedent started a downward spiral with a decline of mental functioning.
ERNENST HUDDLESTON was discharged home with a home health aide assist with his care.
22
ERNEST HUDDLESTON succumbed to his injuries and passed on September 29, 2007.
23
18. A thorough investigation of this incident was reported by Ombudsman Services of
24
Northern California and an investigation was completed. The investigation concluded that SAINT
25
CLAIRE'S failed to consult with a physician and Decedent's family immediately when there was
26
an incident involving a resident with an injury with potential for requiring physician intervention.
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It was determined that SAINT CLAIRE'S also failed to implement a resident care plan, failed to
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4
COMPLAINT
1 monitor Decedent's fluid intake, failed to provide a dietitian's assessment and oversight for a
2 patient with a history of recurrent urinary tract infections. The facility was fined and cited.
3 19. Throughout his entire residence at SAINT CLAIRE'S, by and through their
4
management, employees, administration, nurse, agents and staff, defendants breached their duties
of care to Decedent, failed to properly assess his care needs and subjected Decedent to physical
abuse and neglect.
7 FIRST CAUSE OF ACTION
8 (Negligence— As against all Defendants)
9 20. Plaintiffs refer to and re-allege paragraphs 1 through 19, inclusive as set though set
10 forth fully herein.
11 21. At the time Decedent ERNEST HUDDLESTON resided at Defendant SAINT
12 CLAIRE'S, he was totally dependent upon defendants for assistance with all of his daily care
13 needs including safety. As such, he was among the most vulnerable persons in our society.
22. Up to and until Decedent's death, SAINT CLAIRE'S, and all defendants, by and
through their management, agents and employees were charged with the care and custody of
Decedent, an elder and dependent adult suffering from physical and mental limitations.
23. Defendants owed a duty to Decedent to ensure that he received necessary nursing
18
care as well as to create a safe and hazard free environment that was free from physical abuse and
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neglect.
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24. During the period of Decedent's residence at SAINT CLAIRE'S, and continually
21
up to and until the time he deceased, defendants, and each of them, acted negligently and
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recklessly and with conscious disregard with respect to Decedent ERNEST HUDDLESTON. In
23
particular, and without limiting the generality of the foregoing, defendants and each of them failed
24
to exercise reasonable care in caring for Decedent and acted with conscious disregard of Decedent
25
ERNEST HUDDLESTON'S rights, health, and safety, and caused the death of the Decedent when
26 ,
they:
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a) Failed to ensure that Decedent was free from physical abuse and neglect;
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5
COMPLAINT
1 b) Failed to provide proper in-room supervision of the Decedent which caused numerous
2 falls;
3 c) Failed to maintain the appropriate number of staff to ensure the safety of the Decedent;
4 d) Failed to implements proper devices and means for protecting the health and safety of
5 the Decedent;
6 e) Failed to provide proper nourishment and hydration to Decedent;
7 f) Failed to adequately assess Decedent's skin care and failed to follow proper nursing
8 care standards to treat Decedent's wounds;
9 g) Failed to accurately monitor and record the Decedent's condition and report changes to
10 her doctor and family; and
11 h) Failed to follow proper nursing care standards to maximize the health, safety and well
12 being of Decedent.
13 25. Defendants were entrusted with the care of Decedent ERNEST HUDDLESTON,
14 but failed to provide him with adequate care to prevent injury and failed or refused to provide him
15 with medical treatment. As such, defendants' actions and omissions constitute elder abuse of a
16 dependent adult.
26. As a proximate result of the acts of defendants, and each of them, Decedent was
18 injured in his health, strength and activity. Decedent suffered great injury, emotional pain,
19 suffering and death all of which injuries caused Decedent great mental and physical suffering.
20
27. As a further proximate result of the acts of defendants, and each of them, Decedent
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continued to receive medical care due to his injuries until his death.
22
28. As a result of defendants' acts and omissions as alleged herein, Plaintiff is entitled
23
to reasonable attorneys' fees and costs of said suit as provided by California Welfare and
24
Institutions Code Section 15657, including attorney's fees and costs.
25
29. Because the aforementioned conduct of the defendants, and each of them, was carried
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out in a deliberate, cold, callous and intentional manner in order to injure and damage Plaintiff and
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Decedent or, in the alternative, was despicable conduct carried on with a willful and conscious
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disregard for the rights and safety of others and subjected Plaintiff and Decedent to cruel and unjus
COMPLAINT
1 hardship in conscious disregard for Decedent's rights, Plaintiff requests the assessment of punitive
2 damages against the individual and non-public entity defendants and DOES 1 through 50 in an
3 amount according to proof.
4 30. By virtue of the foregoing, defendants, and each of them, have acted recklessly and
5 with fraudulent intent. As a legal result of the defendants' conduct, ERNEST HUDDLESTON
6 sustained damages in a sum according to proof.
7
WHEREFORE, Plaintiff prays for damages set forth below.
8
SECOND CAUSE OF ACTION
9 (Abuse / Neglect of a Elder, Dependent Adult)
(As against all Defendants)
10
11 31. Plaintiffs refer to and reallege paragraphs 1 through 30, inclusive as though
12 set forth fully herein.
13 32. During the period of his residence at SAINT CLAIRE'S, each defendant
14 continually, willfully and recklessly breached their duties to ERNEST HUDDLESTON as set forth
15 above. In further dereliction of their duties, the defendants failed to continually assess ERNEST
16 HUDDLESTON and develop an individualized plan of care and notify his doctor and family when
17 changes in his condition occurred. These negligent acts and omissions by the defendants resulted
18 in ERNEST HUDDLESTON becoming severely dehydrated, being overmedicated (resulting in
19 decreased level of consciousness), sustaining multiple falls resulting in a hip fracture, suffering
20 from an untreated bedsore on his heel and suffering from untreated urinary tract infections. As a
21 result of defendants' reckless neglect, ERNEST HUDDLESTON died.
22 33. Because Decedent was a resident of SAINT CLAIRE'S, defendants and each of
23 them had a duty, under federal and state laws designed for the protection and benefit of patients
24 like Decedent, to provide him with twenty-four hour nursing care and a safe home. The
25 defendants had a duty, among others, to:
26 a) follow, implement and adhere to all physician's orders;
27 b) accurately monitor and record Decedent's condition and to report changes to her doctor
28 and family;
7
COMPLAINT
1 c) accurately monitor and record Decedent's intake of fluids;
2 d) provide medical treatment for Decedent's injuries. ^
3 e) adequately control Decedent's pain;
4 f) assist Decedent in eating and drinking to prevent malnutrition and dehydration;
5 g) establish, implement and continually update a care plan for Decedent based upon her
6 needs;
7 h) to accord Decedent with dignity and respect, and not subject Decedent to abuse or
8 neglect;
9 i) follow proper nursing care standards to maximize the health, safety and well-being of
10 Decedent;
11 j) to properly and accurately administer Decedent's medication;
12 k) follow proper nursing care standards to maximize the health, safety and well-being of
13 Decedent; and,
14 1) to follow proper nursing care standards designed to prevent infection.
15 34. In breaching these duties to Decedent, defendants, and each of them, acted with
16 conscious disregard for the consequences associated with their failure to perform these duties.
17 Defendants knew the failure to attend to Decedent's nursing needs in accordance with applicable
18 standards set by law, posed a serious peril to Decedent's health, which peril was realized.
19
35. As a legal result of Defendants' conduct, ERNEST HUDDLESTON sustained
20 damages, and an award of compensatory damages in a sum according to proof at trial is justified.
21 36. As a proximate result of the acts of Defendants, and each of them, Decedent
22
sustained injury, great mental and physical suffering, and loss of life.
23 37. As a proximate result of the acts of Defendants, and each of them, Decedent incurred
24 significant medical expenses.
25 WHEREFORE, Plaintiff prays for damages as set forth below.
26 "
27
28
COMPLAINT
1 THIRD CAUSE OF ACTION
2 (Negligence Per Se)
(As against all Defendants)
3 38. Plaintiffs refer to and reallege paragraphs 1 through 37, inclusive as though set
4 forth fully herein.
5 39. At all times mentioned herein, Defendants SAINT CLAIRE'S and Does 1-50 were
6 and are in the business of providing custodial care as a skilled nursing facility as defined in
7 California Code of Regulations, Title 22, section 72103 and were at all times mentioned a "care
8 custodian" (Welfare and Institutions Code section 15610.17).
9 40. At all times mentioned herein, defendants violated State and Federal regulations
10 designed to protect residents of skilled nursing care facilities from unnecessary injury and risk of
11 harm when it acted in disregard of Decedent's rights and safety by subjecting him to neglect and
injury.
13 41. While Decedent resided at SAINT CLAIRE'S, defendants, and each of them and
14 their employees were charged with the care and custody of Decedent, a dependent adult.
15 Defendants owed a duty to Decedent to ensure that he received necessary care and treatment, to
16 protect his patient rights, as well as ensure for his health and safety.
17
42. Defendants owed a duty to ensure that, while a resident at SAINT CLAIRE'S,
18
ERNEST HUDDLESTON received the proper quality of care pursuant to 42 C.F.R. 483.1 et seq.
19
and 22 C.C.R. 72001 et seq. The regulations governing the operation of SAINT CLAIRE'S
20
NURSING CENTER include, but are not limited to:
21
a) 42 CFR § 483.13, which provides in part that "the resident has the right to be free from
verbal, sexual, physical, and mental abuse, corporal punishment and involuntary
£.J
seclusion."
b) 42 CFR § 483.15, which provides in part that "a facility must care for its residents in a
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manner and in an environment that promotes maintenance or enhancement of each
26
resident's quality of life."
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COMPLAINT
1 c) 22 CCR § 72311 provides that the facility must "notify the attending physician
2 promptly of any sudden and/or marked adverse change in signs, symptoms or behavior
3 exhibited by a patient."
4 d) 22 CCR § 72315 provides that "each patient shall be treated as an individual with
5 dignity and respect and shall not be subjected to verbal or physical abuse of any kind."
6 e) 22 CCR § 72527 - Patient Rights - provides that each resident has the right "to be free
7 from mental and physical abuse."
8 43. Plaintiff alleges that defendants violated the above-mentioned regulations (among
9 others) and failed to exercise reasonable care in complying with these regulations and failed to
10 properly care for ERNEST HUDDLESTON, as evidenced by some of the following actions:
11 a) Defendants' failure to accurately monitor and record Decedent's condition and to
12 report changes to his doctor and family;
13 b) Defendants' failure to maintain safe, healthful, and comfortable living accommodations
14 for Decedent;
15 c) Defendants' failure to have adequate staff and procedures in place to assist Decedent;
16 d) Defendants' failure to immediately contact emergency personnel of an injury resulting
17 in an imminent threat to Decedent;
18 e) Defendants' failure to establish, implement and continually update a care plan for
19 Decedent based upon his needs;
20 f) Defendants' failure to accord Decedent with dignity and respect, and not subject him to
21 abuse or neglect;
22 g) Defendants' failure to follow proper nursing care standards to maximize the health,
23 safety and well-being of Decedent;
24 h) Defendants' failure to accurately monitor and record Decedent's food intake and
25 prevent malnourishment;
26 i) Defendants' failure to monitor and control Decedent's pain;
27 j) Defendants' failure to provide appropriate supervision of Decedent to prevent falls; and
28 k) Defendants' failure or refusal to provide medical treatment for Decedent's injuries.
10
COMPLAINT
1 44. The aforesaid conduct and other conduct unknown to Plaintiff at this time by
2 defendants constitutes breach of the duty of care, said breach of duty of care being the direct legal
3 cause of damages to Decedent ERNEST HUDDLESTON.
4
45. Defendants' violation of said regulations resulted in the injuries, abuse, and neglect
suffered by Decedent and was the actual and proximate cause of his injuries and decline of his
medical condition, his need for sustained medical care, mental pain and suffering, and death.
7 Decedent suffered physical injuries, emotional pain and suffering.
8
46. By virtue of the foregoing, defendants, and each of them, have acted negligently.
9
As a legal result of the Defendants' conduct, ERNEST HUDDLESTON sustained damages in a
10
sum according to proof.
11
WHEREFORE, Plaintiffs, as successors in interest in Defendant ERNEST
12
HUDDLESTON, pray for damages as set forth below.
13
FOURTH CAUSE OF ACTION
14
(Fraud / Misrepresentation)
15 (As Against All Defendants)
47. Plaintiffs refer to and reallege paragraphs 1 through 46, inclusive as set though set
forth fully herein.
18
48. While Decedent resided in Defendant SAINT CLAIRES' facility, defendants owed
19
him a fiduciary duty given the fact that ERNEST HUDDLESTON was a vulnerable resident and
20
was dependent upon Defendants for all of his care needs.
21
49. Upon Decedent's admission to Defendant's facility, management, staff and agents
,,- of the Defendant misrepresented to the family members and Responsible Party for ERNEST
24 HUDDLESTON'S health care decisions that SAINT CLAIRE'S NURSING CENTER would be
,_, able to adequately care for Decedent.
„, 50. Throughout the admissions process various staff, agents and managers of SAINT
CLAIRE'S told Plaintiffs that SAINT CLAIRE'S would provide Decedent with wonderful care by
00 a professional care staff that provides assistance with activities of daily living, medication
Zo
monitoring and management, a 24 hour response system to respond to emergencies and staffing
COMPLAINT
1 based on resident acuity plus further omitted material facts that Defendants knew or should have
2 known would have influenced ERNEST HUDDLESTON'S family decision as to which home to
3 admit their loved one into.
4 51. Defendants failed to disclose important facts that would have impacted Plaintiffs'
5 decisions of whether to admit their loved one to Defendant's nursing home, specifically the
6 facility's citation history.
7 52. Said representations and omissions of material, harmful facts were made with the
8 intent and purpose of admitting ERNEST HUDDLESTON as a resident of Defendants' nursing
9 home and also made with the intent of deceiving the Plaintiffs.
10 53. Plaintiffs relied on SAINT CLAIRE'S staff to keep them informed of any changes of
11 medical condition or unusual occurrences during their loved one's residency at Defendant facility.
12 On August 5, 2007, ERNEST HUDDLESTON had fallen out of his bed and was in severe pain.
13 Decedent's family was never notified of the incident and would have not known of the fall if they
14 had not been on the phone with ERNEST HUDDLESTON'S physician regarding another issue.
15 When Plaintiffs arrived at Defendant facility, ERNEST HUDDLESTON was screaming in pain.
16 Plaintiffs had to insist and convince SAINT CLAIRE'S staff that ERNEST HUDDLESTON be
17 transferred to hospital emergency. He was finally transported to the Mercy General Hospital where
18 X-rays revealed a left displaced hip fracture as well as a pressure sore on his right heel.
19 54. The Plaintiffs reasonably relied upon said representations to their and Decedent's
20 detriment by deciding that the SAINT CLAIRE'S facility was qualified and capable of providing
21 custodial care and supervision to Decedent.
22 55. Under State and Federal law, Defendants had a duty to promptly notify ERNEST
23 HUDDLESTON'S physicians and/or family of this marked change in his condition. However,
24 Plaintiffs did not know of this crucial fact and were never informed that ERNEST
25 HUDDLESTON had fallen and broken his hip.
9/r
56. As a direct and proximate result of the foregoing the Decedent and Plaintiffs
27
sustained injuries, painful suffering and death through physical abuse in an amount according to
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proof at trial. ,-
COMPLAINT
1 57. As a further legal and proximate result of Defendants' conduct, and each of them,
2 in concealing this vital information, ERNEST HUDDLESTON, suffered hospital and medical
3 expenses as well as other damages in an amount to be proven at trial.
4
58. As a further direct and proximate result of the representation Plaintiffs sustained
special damages in an amount according to proof at trial
6 " 59. By virtue of the foregoing, Defendants acted fraudulently, recklessly and in
7 conscious disregard for the rights and safety of its patients and residents, including ERNEST
8 HUDDLESTON, and consequently realized a financial benefit. Accordingly Defendant is required
9 to disgorge those financial benefits.
10 WHEREFORE, plaintiffs pray for damages as set forth below.
11 FIFTH CAUSE OF ACTION
12 (Unfair Business Practices Business and Professions Code § 17200)
13 (As Against All Defendants)
14
60. Plaintiffs refer to and reallege paragraphs 1 through 59, inclusive as set though set
15
forth fully herein.
16
61. Defendants' conduct, as herein alleged, was and is a part of a general business
17
practice of the Defendants. This business practice exists in part because defendants expected that
18
few adverse consequences would flow from their mistreatment and neglect of their elderly and
19
vulnerable residents, and thus defendants made a considered decision to protect and promote their
20
financial condition at the expense of its legal obligations to resident patients, including Decedent,
21
ERNEST HUDDLESTON.
22
62. Plaintiff is informed and thereon alleges that defendants, and each of them, made a
23
practice of generally not advising new residents and Responsible parties and their families of their
24
legal rights and Defendant SAINT CLAIRE'S prior regulatory violations. Plaintiff is also informed
25
and thereon alleges that Defendant made a practice of misrepresenting to potential residents and
26
their families, and particularly to Plaintiff, the type, level and extent of care that would be provided
27
to residents upon admission.
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13
COMPLAINT
1 63. Plaintiff is further informed and thereon alleges that Defendant, and each of them,
2 made a conscious and considered decision to omit and/or misrepresent material facts related to the
3 type, level and extent of care, in violation of California regulations, as a part of Defendant's
4 scheme to save money to be more profitable because of their lack of compliance with state
5 regulations. Defendants' unfair and fraudulent practices include, but are not limited to:
6 a) Defendant SAINT CLAIRE'S breached its duty to decedent and his family to
7 disclose all material facts that might influence Decedent ERNEST HUDDLESTON
8 and his family on whether SAINT CLAIRE'S could properly care for Decedent,
9 including the duty to disclose whether Defendant SAINT CLAIRE'S had a history
10 of neglect, abuse or prior citations issued for regulation violations involving patient
11 care.
12 b) Defendant SAINT CLAIRE'S was engaged in unfair business practices because it
13 held out to the public that it could provide specialty care to residents with dementia,
14 when in fact its employees and staff had little or no training or qualifications.
15 64. These practices set forth above constitute unfair, unlawful, and/or fraudulent
16 business practices within the meaning of Business and Professions Code § 17200 and is violative
17 of public policy, and is unethical, fraudulent and injurious to consumers, particularly the elderly.
18 65. As a result, Plaintiff is entitled to restitution of all funds paid to SAINT CLAIRE'S
19 by Decedent or on the Decedent's behalf.
20 66. As a result of Defendant's conduct, Plaintiff has incurred and will incur attorneys'
21 fees and related expenses in an amount to be proven at trial.
22 WHEREFORE, Plaintiff prays for damages as set forth below.
23 FIFTH CAUSE OF ACTION
24 (Wrongful Death)
«. (As to All Defendants)
26 67. Plaintiffs refer to and reallege paragraphs 1 through 66, inclusive as set though set
27 forth fully herein.
28 68.
Plaintiff, EDITH M. HUDDLESTON, Decedent's elderly wife, and Plaintiff,
14
MARTINA K. ZUBEIDI, Decedent's daughter, are surviving heirs of Decedent.
COMPLAINT
1 69. As a proximate result of the defendants' negligent and/or intentional physical abuse
2 of Decedent ERNEST HUDDLESTON he suffered dehydration, urinary tract infections, sepsis,
3 and bed sores while in the care and custody of defendants and later died on September 29, 2007.
4 70. As a further result of defendants' negligent and/or intentional abuse of Decedent,
5 Plaintiffs have been deprived of the society, comfort, companionship, attention, services, support,
6 and friendship to their damage in an amount to be proven at trial.
7 WHEREFORE, plaintiffs pray for damages as set forth below.
8 PRAYER
9 1. For special damages according to proof;
10 2. For general damages according to proof;
11 3. For costs of suit and attorney's fees herein incurred pursuant to Welfare and
12 Institutions Code § 15657 et seq.;
13 4. For pre-judgment and post-judgment interest, if any, incurred;
14 5. For reimbursement of medical expenses, including future medical expenses;
15 6. Punitive Damages;
16 7. For such other and further relief as the Court may deem proper.
17
18 DATED: SEPTEMBER 1 8, 2008 YORK LAW CORPORATION
19 ____-.> A •
20 ^^"i /— ' J
BY: *-T— "iL^\
REBEKAH R. GIBBON
21 WENDY C. YORK
Attorney for Plaintiffs
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COMPLAINT
COURT: Sacramento County Superior Court
CASE NO. 34-2008-00008404
CASE NAME: Huddleston v. St. Claire's Nursing Center, et al.
PROOF OF SERVICE
4
I am a citizen of the United States, employed in the County of Sacramento, State oj
California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA
95815. I am over the age of 18 years and not a party to the above-entitled action.
I am readily familiar with York Law Corporation's practice for collection and processing
of correspondence for mailing with the United States Postal Service. Pursuant to said practice
each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed
thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail is
collected and deposited in a U.S. mailbox at or before the close of each day's business. (CCP
Section 1013a(3) or Fed.R.Civ.P.5(a) and 4.1; USDC (E.D. CA) L.R. 5-135(a).)
On September 22, 2008, I caused the within, PLAINTIFF'S FIRST AMENDED
COMPLAINT FOR:
I. NEGLIGENCE;
II. ELDER ABUSE/NEGLECT;
III. NEGLIGNCE PER SE;
IV. FRAUD/MISREPRESNTATION;
V. UNFAIR BUSINESS PRACTICES; &
VI. WRONGFUL DEATH
, to be served via
XX MAIL-
Placed in the United States Mail at Sacramento, California in an envelope with postage thereon full)
19 Bryan L. Malone, Esq.
20 Prout & Levangie
202 IN Street
21 Sacramento CA 95811
22 I declare that I am employed in the office of a member of the bar of this Court at whose
direction the service was made and that this Declaration is executed on September 22, 2008 a
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Sacramento, California. I declare under penafty of perjury under the laws of the State o
24
California that the foregoing is true and co
25 .. ^
Eve Knight
26
27
28
Proof Of Service-1
Preview
1WENDY C. YORK, SEN 166864 REBEKAH R. GIBSON, SBN 252111 2 York Law Corporation 1111 Exposition Blvd., Bldg 500 3 Sacramento, California 95815 Ph: (916) 643-2200 4 Fax:(916)643-4680 5 Attorneys for Plaintiffs, MARTINA K. ZUBEIDI, an individual and as Successor in Interest of 6 ERNEST HUDDLESTON (Decedent) 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SACRAMENTO 10 EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI, as individuals and as Successors in CASE NO: 34-2008-00008404 11 Interest of ERNEST HUDDLESON (Decedent) PLAINTIFF'S FIRST AMENDED 12 COMPLAINT FOR: Plaintiffs, 13 I. NEGLIGENCE; vs 14 II. ELDER ABUSE/NEGLECT; SAINT CLAIRE'S NURSING CENTER, INC. III. NEGLIGENCE PER SE; 15 and DOES 1 through 50 inclusive. IV. FRAUD/MISREPRESENTATION; V. UNFAIR BUSINESS PRACTICES; & 16 Defendants. VI. WRONGFUL DEATH 17 18 19 EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI, as individuals and as Successors 20 in Interest of ERNEST HUDDLESTON, decedent, by and through their attorneys, hereby complains 21 of defendants, and each of them, and for causes of action allege as follows: 22 PRELIMINARY ALLEGATIONS 23 1. This is a nursing home neglect case filed by EDITH M. HUDDLESTON and 24 MARTINA K. ZUBEIDI, as individuals and as successors in interest of ERNEST 25 HUDDLESTON, (hereafter referred to as "Decedent") for elder abuse and neglect, negligence, 26 negligence per se, unfair business practice, fraudulent misrepresentation, wrongful death and 27 related claims against the nursing home charged with his care. Decedent ERNEST 28 HUDDLESTON sustained serious injuries that led to his death, including but not limited to severe 1 COMPLAINT 1 dehydration, overmedication resulting in decreased level consciousness, multiple falls resulting in 2 a hip fracture, untreated bedsore on his heel, untreated urinary tract infections and sepsis. 3 2. Plaintiffs, EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI are successors 4 in interest of Decedent, ERNEST HUDDLESTON. Plaintiff, EDITH M. HUDDLESTON succeeds 5 to these causes of action as trustee for the Estate of ERNEST HUDDLESTON. Plaintiff, 6 MARTINA K. ZUBEIDI brings this complaint, in part in the capacity of successor in interest, and 7 in part on her own behalf. 8 3. Plaintiffs EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI both reside in 9 the County of Sacramento. 10 4. At all times mentioned, Defendant SAINT CLAIRE'S NURSING CENTER, 11 (hereinafter referred to as "SAINT CLAIRE'S") was and is in business of providing long-term 12 care as a twenty-four hour facility as defined in Section 1250(d) of the Health & Safety Code and 13 in section 87101(r)(5) of Title 22 and subject to the requirements of state law, and was at all times 14 mentioned doing business at 6248 66th Ave., Sacramento, California as a skilled nursing facility 15 and "care custodian" (Welfare and Institutions Code section 15610.17). Defendant, SAINT 16 CLAIRE'S is located and does business in Sacramento County. 17 5. Decedent, ERNEST HUDDLESTON was an 87-year-old gentleman who up until 18 his admission at SAINT CLAIRE'S resided with his wife and daughter. Decedent ERNEST 19 HUDDLESTON was admitted on or about May 25, 2007 to SAINT CLAIRE'S, a skilled nursing 20 facility. At the time of his admission he had a history of diabetes, chronic renal insufficiency, 21 hypertension, hypothyroidism and mild dementia. Decedent was admitted to the facility to 22 receive supervision, twenty-four hour care for rehabilitation from bilateral knee surgery. 23 6. The Decedent resided at SAINT CLAIRE'S, where he was supposed to receive total 24 care, until his death on September 29, 2007. 25 7. Plaintiff, MARTINA ZUBEIDI, the daughter of Decedent, had power of attorney at 26 the time of decedent's residency at SAINT CLAIRE'S and was the responsible party for all of 27 Decedent's heath-care decisions. 28 COMPLAINT 1 8. Under the provisions of Welfare and Institutions Code §§15610.23 and 15610.27, 2 Decedent ERNEST HUDDLESTON was at all times mentioned an "elder" and "dependent adult". 3 9. Plaintiffs are informed and believe that Defendant, SAINT CLAIRE'S is a privately 4 owned company doing business in the State of California as SAINT CLAIRE'S NURSING 5 CENTER, INC. 6 10. The true names and capacities of the defendants named herein as DOES 1 through 7 50, inclusive, whether individual, corporate, associate, or otherwise, are unknown to Plaintiffs, 8 who therefore sue such defendants by fictitious names pursuant to Code of Civil Procedure section 9 474. Plaintiff is informed and believes that said DOE defendants are California residents, and 10 Plaintiff will amend this Complaint to show such true names and capacities when they have been 11 determined. 12 11. At all times mentioned herein, each and every defendant was the agent and 13 employee of each and every other defendant; and, in doing the things alleged, was acting within 14 the course and scope of such agency and employment; and, in doing the acts herein alleged, was 15 acting with the consent, permission and authorization of each of the remaining defendants. All 16 actions of each defendant herein alleged were ratified and approved by the officers or managing 17 agents of every other defendant. 18 12. Plaintiffs are informed and believe, and thereby allege, that each of the defendants 19 herein were at all times relevant hereto the agent, managing agent, employee or representative of 20 the remaining defendants and was acting at least in part within the course and scope of such 21 relationship. 22 14. The Decedent, ERNEST HUDDLESTON, became a resident of Defendant SAINT 23 CLAIRE'S, a skilled nursing facility, because he suffered physical infirmities as a senior citizen 24 with multiple health conditions including mild dementia and was rehabilitating from bilateral knee 25 surgery. As a result of Decedent's physical condition, he was totally dependent upon defendants 26 and SAINT CLAIRE'S for his complete care. 27 15. Throughout the Decedent's residence at SAINT CLAIRE'S it was the duty of 28 defendants to provide the Decedent with nursing care, guarantee his freedom from mental and 3 COMPLAINT 1 physical abuse, to treat him with consideration, respect and full consideration of his dignity and 2 individuality, to monitor his health and care plan, to keep him and his responsible party informed 3 of his medical status, to protect him from dangerous conditions, to protect him from abuse, and to 4 monitor him, among others. Defendants also owed a duty to Decedent and his family to disclose 5 all material facts that might influence him and his family on whether SAINT CLAIRE'S could 6 properly care for Decedent, including the duty to disclose whether SAINT CLAIRE'S had a 7 history of neglect, abuse or prior regulatory citations. 8 16. On or about August 5, 2007, Decedent suffered a fractured hip as the result of 9 falling out of his bed. Despite suffering a fractured hip, which is a very serious and life 10 threatening injury, Decedent was not taken to the hospital, his family was not contacted and no 11 physician was consulted. Instead, Defendant was placed back into his bed and left in excruciating 12 pain. It was not until the following morning when his family came to visit and they noticed a 13 marked change in his physical well being and demanded medical attention and that defendants 14 have Decedent transferred to the hospital for medical attention where x-rays confirmed that he was 15 suffering from a broken hip. 16 17. On August 5, 2007, ERNEST HUDDLESTON was admitted into Mercy General Hospital for a hip fracture after a fall he had at SAINT CLAIRE'S during the previous night. He 18 also complained of foot pain at the time of examination and a 1.2 cm bed sore was discovered on 19 his heel. On August 8, 2007, surgery was performed to stabilize Decedent's hip fracture. 20 Following the operation, Decedent started a downward spiral with a decline of mental functioning. ERNENST HUDDLESTON was discharged home with a home health aide assist with his care. 22 ERNEST HUDDLESTON succumbed to his injuries and passed on September 29, 2007. 23 18. A thorough investigation of this incident was reported by Ombudsman Services of 24 Northern California and an investigation was completed. The investigation concluded that SAINT 25 CLAIRE'S failed to consult with a physician and Decedent's family immediately when there was 26 an incident involving a resident with an injury with potential for requiring physician intervention. 27 It was determined that SAINT CLAIRE'S also failed to implement a resident care plan, failed to 28 4 COMPLAINT 1 monitor Decedent's fluid intake, failed to provide a dietitian's assessment and oversight for a 2 patient with a history of recurrent urinary tract infections. The facility was fined and cited. 3 19. Throughout his entire residence at SAINT CLAIRE'S, by and through their 4 management, employees, administration, nurse, agents and staff, defendants breached their duties of care to Decedent, failed to properly assess his care needs and subjected Decedent to physical abuse and neglect. 7 FIRST CAUSE OF ACTION 8 (Negligence— As against all Defendants) 9 20. Plaintiffs refer to and re-allege paragraphs 1 through 19, inclusive as set though set 10 forth fully herein. 11 21. At the time Decedent ERNEST HUDDLESTON resided at Defendant SAINT 12 CLAIRE'S, he was totally dependent upon defendants for assistance with all of his daily care 13 needs including safety. As such, he was among the most vulnerable persons in our society. 22. Up to and until Decedent's death, SAINT CLAIRE'S, and all defendants, by and through their management, agents and employees were charged with the care and custody of Decedent, an elder and dependent adult suffering from physical and mental limitations. 23. Defendants owed a duty to Decedent to ensure that he received necessary nursing 18 care as well as to create a safe and hazard free environment that was free from physical abuse and 19 neglect. 20 24. During the period of Decedent's residence at SAINT CLAIRE'S, and continually 21 up to and until the time he deceased, defendants, and each of them, acted negligently and 22 recklessly and with conscious disregard with respect to Decedent ERNEST HUDDLESTON. In 23 particular, and without limiting the generality of the foregoing, defendants and each of them failed 24 to exercise reasonable care in caring for Decedent and acted with conscious disregard of Decedent 25 ERNEST HUDDLESTON'S rights, health, and safety, and caused the death of the Decedent when 26 , they: 27 a) Failed to ensure that Decedent was free from physical abuse and neglect; 28 5 COMPLAINT 1 b) Failed to provide proper in-room supervision of the Decedent which caused numerous 2 falls; 3 c) Failed to maintain the appropriate number of staff to ensure the safety of the Decedent; 4 d) Failed to implements proper devices and means for protecting the health and safety of 5 the Decedent; 6 e) Failed to provide proper nourishment and hydration to Decedent; 7 f) Failed to adequately assess Decedent's skin care and failed to follow proper nursing 8 care standards to treat Decedent's wounds; 9 g) Failed to accurately monitor and record the Decedent's condition and report changes to 10 her doctor and family; and 11 h) Failed to follow proper nursing care standards to maximize the health, safety and well 12 being of Decedent. 13 25. Defendants were entrusted with the care of Decedent ERNEST HUDDLESTON, 14 but failed to provide him with adequate care to prevent injury and failed or refused to provide him 15 with medical treatment. As such, defendants' actions and omissions constitute elder abuse of a 16 dependent adult. 26. As a proximate result of the acts of defendants, and each of them, Decedent was 18 injured in his health, strength and activity. Decedent suffered great injury, emotional pain, 19 suffering and death all of which injuries caused Decedent great mental and physical suffering. 20 27. As a further proximate result of the acts of defendants, and each of them, Decedent 21 continued to receive medical care due to his injuries until his death. 22 28. As a result of defendants' acts and omissions as alleged herein, Plaintiff is entitled 23 to reasonable attorneys' fees and costs of said suit as provided by California Welfare and 24 Institutions Code Section 15657, including attorney's fees and costs. 25 29. Because the aforementioned conduct of the defendants, and each of them, was carried 26 out in a deliberate, cold, callous and intentional manner in order to injure and damage Plaintiff and 27 Decedent or, in the alternative, was despicable conduct carried on with a willful and conscious 28 disregard for the rights and safety of others and subjected Plaintiff and Decedent to cruel and unjus COMPLAINT 1 hardship in conscious disregard for Decedent's rights, Plaintiff requests the assessment of punitive 2 damages against the individual and non-public entity defendants and DOES 1 through 50 in an 3 amount according to proof. 4 30. By virtue of the foregoing, defendants, and each of them, have acted recklessly and 5 with fraudulent intent. As a legal result of the defendants' conduct, ERNEST HUDDLESTON 6 sustained damages in a sum according to proof. 7 WHEREFORE, Plaintiff prays for damages set forth below. 8 SECOND CAUSE OF ACTION 9 (Abuse / Neglect of a Elder, Dependent Adult) (As against all Defendants) 10 11 31. Plaintiffs refer to and reallege paragraphs 1 through 30, inclusive as though 12 set forth fully herein. 13 32. During the period of his residence at SAINT CLAIRE'S, each defendant 14 continually, willfully and recklessly breached their duties to ERNEST HUDDLESTON as set forth 15 above. In further dereliction of their duties, the defendants failed to continually assess ERNEST 16 HUDDLESTON and develop an individualized plan of care and notify his doctor and family when 17 changes in his condition occurred. These negligent acts and omissions by the defendants resulted 18 in ERNEST HUDDLESTON becoming severely dehydrated, being overmedicated (resulting in 19 decreased level of consciousness), sustaining multiple falls resulting in a hip fracture, suffering 20 from an untreated bedsore on his heel and suffering from untreated urinary tract infections. As a 21 result of defendants' reckless neglect, ERNEST HUDDLESTON died. 22 33. Because Decedent was a resident of SAINT CLAIRE'S, defendants and each of 23 them had a duty, under federal and state laws designed for the protection and benefit of patients 24 like Decedent, to provide him with twenty-four hour nursing care and a safe home. The 25 defendants had a duty, among others, to: 26 a) follow, implement and adhere to all physician's orders; 27 b) accurately monitor and record Decedent's condition and to report changes to her doctor 28 and family; 7 COMPLAINT 1 c) accurately monitor and record Decedent's intake of fluids; 2 d) provide medical treatment for Decedent's injuries. ^ 3 e) adequately control Decedent's pain; 4 f) assist Decedent in eating and drinking to prevent malnutrition and dehydration; 5 g) establish, implement and continually update a care plan for Decedent based upon her 6 needs; 7 h) to accord Decedent with dignity and respect, and not subject Decedent to abuse or 8 neglect; 9 i) follow proper nursing care standards to maximize the health, safety and well-being of 10 Decedent; 11 j) to properly and accurately administer Decedent's medication; 12 k) follow proper nursing care standards to maximize the health, safety and well-being of 13 Decedent; and, 14 1) to follow proper nursing care standards designed to prevent infection. 15 34. In breaching these duties to Decedent, defendants, and each of them, acted with 16 conscious disregard for the consequences associated with their failure to perform these duties. 17 Defendants knew the failure to attend to Decedent's nursing needs in accordance with applicable 18 standards set by law, posed a serious peril to Decedent's health, which peril was realized. 19 35. As a legal result of Defendants' conduct, ERNEST HUDDLESTON sustained 20 damages, and an award of compensatory damages in a sum according to proof at trial is justified. 21 36. As a proximate result of the acts of Defendants, and each of them, Decedent 22 sustained injury, great mental and physical suffering, and loss of life. 23 37. As a proximate result of the acts of Defendants, and each of them, Decedent incurred 24 significant medical expenses. 25 WHEREFORE, Plaintiff prays for damages as set forth below. 26 " 27 28 COMPLAINT 1 THIRD CAUSE OF ACTION 2 (Negligence Per Se) (As against all Defendants) 3 38. Plaintiffs refer to and reallege paragraphs 1 through 37, inclusive as though set 4 forth fully herein. 5 39. At all times mentioned herein, Defendants SAINT CLAIRE'S and Does 1-50 were 6 and are in the business of providing custodial care as a skilled nursing facility as defined in 7 California Code of Regulations, Title 22, section 72103 and were at all times mentioned a "care 8 custodian" (Welfare and Institutions Code section 15610.17). 9 40. At all times mentioned herein, defendants violated State and Federal regulations 10 designed to protect residents of skilled nursing care facilities from unnecessary injury and risk of 11 harm when it acted in disregard of Decedent's rights and safety by subjecting him to neglect and injury. 13 41. While Decedent resided at SAINT CLAIRE'S, defendants, and each of them and 14 their employees were charged with the care and custody of Decedent, a dependent adult. 15 Defendants owed a duty to Decedent to ensure that he received necessary care and treatment, to 16 protect his patient rights, as well as ensure for his health and safety. 17 42. Defendants owed a duty to ensure that, while a resident at SAINT CLAIRE'S, 18 ERNEST HUDDLESTON received the proper quality of care pursuant to 42 C.F.R. 483.1 et seq. 19 and 22 C.C.R. 72001 et seq. The regulations governing the operation of SAINT CLAIRE'S 20 NURSING CENTER include, but are not limited to: 21 a) 42 CFR § 483.13, which provides in part that "the resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment and involuntary £.J seclusion." b) 42 CFR § 483.15, which provides in part that "a facility must care for its residents in a ^_/ manner and in an environment that promotes maintenance or enhancement of each 26 resident's quality of life." 27 28 COMPLAINT 1 c) 22 CCR § 72311 provides that the facility must "notify the attending physician 2 promptly of any sudden and/or marked adverse change in signs, symptoms or behavior 3 exhibited by a patient." 4 d) 22 CCR § 72315 provides that "each patient shall be treated as an individual with 5 dignity and respect and shall not be subjected to verbal or physical abuse of any kind." 6 e) 22 CCR § 72527 - Patient Rights - provides that each resident has the right "to be free 7 from mental and physical abuse." 8 43. Plaintiff alleges that defendants violated the above-mentioned regulations (among 9 others) and failed to exercise reasonable care in complying with these regulations and failed to 10 properly care for ERNEST HUDDLESTON, as evidenced by some of the following actions: 11 a) Defendants' failure to accurately monitor and record Decedent's condition and to 12 report changes to his doctor and family; 13 b) Defendants' failure to maintain safe, healthful, and comfortable living accommodations 14 for Decedent; 15 c) Defendants' failure to have adequate staff and procedures in place to assist Decedent; 16 d) Defendants' failure to immediately contact emergency personnel of an injury resulting 17 in an imminent threat to Decedent; 18 e) Defendants' failure to establish, implement and continually update a care plan for 19 Decedent based upon his needs; 20 f) Defendants' failure to accord Decedent with dignity and respect, and not subject him to 21 abuse or neglect; 22 g) Defendants' failure to follow proper nursing care standards to maximize the health, 23 safety and well-being of Decedent; 24 h) Defendants' failure to accurately monitor and record Decedent's food intake and 25 prevent malnourishment; 26 i) Defendants' failure to monitor and control Decedent's pain; 27 j) Defendants' failure to provide appropriate supervision of Decedent to prevent falls; and 28 k) Defendants' failure or refusal to provide medical treatment for Decedent's injuries. 10 COMPLAINT 1 44. The aforesaid conduct and other conduct unknown to Plaintiff at this time by 2 defendants constitutes breach of the duty of care, said breach of duty of care being the direct legal 3 cause of damages to Decedent ERNEST HUDDLESTON. 4 45. Defendants' violation of said regulations resulted in the injuries, abuse, and neglect suffered by Decedent and was the actual and proximate cause of his injuries and decline of his medical condition, his need for sustained medical care, mental pain and suffering, and death. 7 Decedent suffered physical injuries, emotional pain and suffering. 8 46. By virtue of the foregoing, defendants, and each of them, have acted negligently. 9 As a legal result of the Defendants' conduct, ERNEST HUDDLESTON sustained damages in a 10 sum according to proof. 11 WHEREFORE, Plaintiffs, as successors in interest in Defendant ERNEST 12 HUDDLESTON, pray for damages as set forth below. 13 FOURTH CAUSE OF ACTION 14 (Fraud / Misrepresentation) 15 (As Against All Defendants) 47. Plaintiffs refer to and reallege paragraphs 1 through 46, inclusive as set though set forth fully herein. 18 48. While Decedent resided in Defendant SAINT CLAIRES' facility, defendants owed 19 him a fiduciary duty given the fact that ERNEST HUDDLESTON was a vulnerable resident and 20 was dependent upon Defendants for all of his care needs. 21 49. Upon Decedent's admission to Defendant's facility, management, staff and agents ,,- of the Defendant misrepresented to the family members and Responsible Party for ERNEST 24 HUDDLESTON'S health care decisions that SAINT CLAIRE'S NURSING CENTER would be ,_, able to adequately care for Decedent. „, 50. Throughout the admissions process various staff, agents and managers of SAINT CLAIRE'S told Plaintiffs that SAINT CLAIRE'S would provide Decedent with wonderful care by 00 a professional care staff that provides assistance with activities of daily living, medication Zo monitoring and management, a 24 hour response system to respond to emergencies and staffing COMPLAINT 1 based on resident acuity plus further omitted material facts that Defendants knew or should have 2 known would have influenced ERNEST HUDDLESTON'S family decision as to which home to 3 admit their loved one into. 4 51. Defendants failed to disclose important facts that would have impacted Plaintiffs' 5 decisions of whether to admit their loved one to Defendant's nursing home, specifically the 6 facility's citation history. 7 52. Said representations and omissions of material, harmful facts were made with the 8 intent and purpose of admitting ERNEST HUDDLESTON as a resident of Defendants' nursing 9 home and also made with the intent of deceiving the Plaintiffs. 10 53. Plaintiffs relied on SAINT CLAIRE'S staff to keep them informed of any changes of 11 medical condition or unusual occurrences during their loved one's residency at Defendant facility. 12 On August 5, 2007, ERNEST HUDDLESTON had fallen out of his bed and was in severe pain. 13 Decedent's family was never notified of the incident and would have not known of the fall if they 14 had not been on the phone with ERNEST HUDDLESTON'S physician regarding another issue. 15 When Plaintiffs arrived at Defendant facility, ERNEST HUDDLESTON was screaming in pain. 16 Plaintiffs had to insist and convince SAINT CLAIRE'S staff that ERNEST HUDDLESTON be 17 transferred to hospital emergency. He was finally transported to the Mercy General Hospital where 18 X-rays revealed a left displaced hip fracture as well as a pressure sore on his right heel. 19 54. The Plaintiffs reasonably relied upon said representations to their and Decedent's 20 detriment by deciding that the SAINT CLAIRE'S facility was qualified and capable of providing 21 custodial care and supervision to Decedent. 22 55. Under State and Federal law, Defendants had a duty to promptly notify ERNEST 23 HUDDLESTON'S physicians and/or family of this marked change in his condition. However, 24 Plaintiffs did not know of this crucial fact and were never informed that ERNEST 25 HUDDLESTON had fallen and broken his hip. 9/r 56. As a direct and proximate result of the foregoing the Decedent and Plaintiffs 27 sustained injuries, painful suffering and death through physical abuse in an amount according to 28 proof at trial. ,- COMPLAINT 1 57. As a further legal and proximate result of Defendants' conduct, and each of them, 2 in concealing this vital information, ERNEST HUDDLESTON, suffered hospital and medical 3 expenses as well as other damages in an amount to be proven at trial. 4 58. As a further direct and proximate result of the representation Plaintiffs sustained special damages in an amount according to proof at trial 6 " 59. By virtue of the foregoing, Defendants acted fraudulently, recklessly and in 7 conscious disregard for the rights and safety of its patients and residents, including ERNEST 8 HUDDLESTON, and consequently realized a financial benefit. Accordingly Defendant is required 9 to disgorge those financial benefits. 10 WHEREFORE, plaintiffs pray for damages as set forth below. 11 FIFTH CAUSE OF ACTION 12 (Unfair Business Practices Business and Professions Code § 17200) 13 (As Against All Defendants) 14 60. Plaintiffs refer to and reallege paragraphs 1 through 59, inclusive as set though set 15 forth fully herein. 16 61. Defendants' conduct, as herein alleged, was and is a part of a general business 17 practice of the Defendants. This business practice exists in part because defendants expected that 18 few adverse consequences would flow from their mistreatment and neglect of their elderly and 19 vulnerable residents, and thus defendants made a considered decision to protect and promote their 20 financial condition at the expense of its legal obligations to resident patients, including Decedent, 21 ERNEST HUDDLESTON. 22 62. Plaintiff is informed and thereon alleges that defendants, and each of them, made a 23 practice of generally not advising new residents and Responsible parties and their families of their 24 legal rights and Defendant SAINT CLAIRE'S prior regulatory violations. Plaintiff is also informed 25 and thereon alleges that Defendant made a practice of misrepresenting to potential residents and 26 their families, and particularly to Plaintiff, the type, level and extent of care that would be provided 27 to residents upon admission. 28 13 COMPLAINT 1 63. Plaintiff is further informed and thereon alleges that Defendant, and each of them, 2 made a conscious and considered decision to omit and/or misrepresent material facts related to the 3 type, level and extent of care, in violation of California regulations, as a part of Defendant's 4 scheme to save money to be more profitable because of their lack of compliance with state 5 regulations. Defendants' unfair and fraudulent practices include, but are not limited to: 6 a) Defendant SAINT CLAIRE'S breached its duty to decedent and his family to 7 disclose all material facts that might influence Decedent ERNEST HUDDLESTON 8 and his family on whether SAINT CLAIRE'S could properly care for Decedent, 9 including the duty to disclose whether Defendant SAINT CLAIRE'S had a history 10 of neglect, abuse or prior citations issued for regulation violations involving patient 11 care. 12 b) Defendant SAINT CLAIRE'S was engaged in unfair business practices because it 13 held out to the public that it could provide specialty care to residents with dementia, 14 when in fact its employees and staff had little or no training or qualifications. 15 64. These practices set forth above constitute unfair, unlawful, and/or fraudulent 16 business practices within the meaning of Business and Professions Code § 17200 and is violative 17 of public policy, and is unethical, fraudulent and injurious to consumers, particularly the elderly. 18 65. As a result, Plaintiff is entitled to restitution of all funds paid to SAINT CLAIRE'S 19 by Decedent or on the Decedent's behalf. 20 66. As a result of Defendant's conduct, Plaintiff has incurred and will incur attorneys' 21 fees and related expenses in an amount to be proven at trial. 22 WHEREFORE, Plaintiff prays for damages as set forth below. 23 FIFTH CAUSE OF ACTION 24 (Wrongful Death) «. (As to All Defendants) 26 67. Plaintiffs refer to and reallege paragraphs 1 through 66, inclusive as set though set 27 forth fully herein. 28 68. Plaintiff, EDITH M. HUDDLESTON, Decedent's elderly wife, and Plaintiff, 14 MARTINA K. ZUBEIDI, Decedent's daughter, are surviving heirs of Decedent. COMPLAINT 1 69. As a proximate result of the defendants' negligent and/or intentional physical abuse 2 of Decedent ERNEST HUDDLESTON he suffered dehydration, urinary tract infections, sepsis, 3 and bed sores while in the care and custody of defendants and later died on September 29, 2007. 4 70. As a further result of defendants' negligent and/or intentional abuse of Decedent, 5 Plaintiffs have been deprived of the society, comfort, companionship, attention, services, support, 6 and friendship to their damage in an amount to be proven at trial. 7 WHEREFORE, plaintiffs pray for damages as set forth below. 8 PRAYER 9 1. For special damages according to proof; 10 2. For general damages according to proof; 11 3. For costs of suit and attorney's fees herein incurred pursuant to Welfare and 12 Institutions Code § 15657 et seq.; 13 4. For pre-judgment and post-judgment interest, if any, incurred; 14 5. For reimbursement of medical expenses, including future medical expenses; 15 6. Punitive Damages; 16 7. For such other and further relief as the Court may deem proper. 17 18 DATED: SEPTEMBER 1 8, 2008 YORK LAW CORPORATION 19 ____-.> A • 20 ^^"i /— ' J BY: *-T— "iL^\ REBEKAH R. GIBBON 21 WENDY C. YORK Attorney for Plaintiffs 22 23 24 25 26 27 28 15 COMPLAINT COURT: Sacramento County Superior Court CASE NO. 34-2008-00008404 CASE NAME: Huddleston v. St. Claire's Nursing Center, et al. PROOF OF SERVICE 4 I am a citizen of the United States, employed in the County of Sacramento, State oj California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA 95815. I am over the age of 18 years and not a party to the above-entitled action. I am readily familiar with York Law Corporation's practice for collection and processing of correspondence for mailing with the United States Postal Service. Pursuant to said practice each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail is collected and deposited in a U.S. mailbox at or before the close of each day's business. (CCP Section 1013a(3) or Fed.R.Civ.P.5(a) and 4.1; USDC (E.D. CA) L.R. 5-135(a).) On September 22, 2008, I caused the within, PLAINTIFF'S FIRST AMENDED COMPLAINT FOR: I. NEGLIGENCE; II. ELDER ABUSE/NEGLECT; III. NEGLIGNCE PER SE; IV. FRAUD/MISREPRESNTATION; V. UNFAIR BUSINESS PRACTICES; & VI. WRONGFUL DEATH , to be served via XX MAIL- Placed in the United States Mail at Sacramento, California in an envelope with postage thereon full) 19 Bryan L. Malone, Esq. 20 Prout & Levangie 202 IN Street 21 Sacramento CA 95811 22 I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made and that this Declaration is executed on September 22, 2008 a 23 Sacramento, California. I declare under penafty of perjury under the laws of the State o 24 California that the foregoing is true and co 25 .. ^ Eve Knight 26 27 28 Proof Of Service-1