Motion for Stipulated Judgment in BILLY CATES, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO THE ESTATE OF LOIS CATES ET AL VS THE VILLAGE AT SEVEN OAKS AL MC, LLC ET AL| Trellis.Law

On October 25, 2022 a Party Statement was filed involving a dispute between Barbara Newton, Billy Cates, Individually And As Successor-In-Interest To The Estate Of Lois Cates, Paul Cates, and Frontier Management Llc, Frontier Senior Living, Frontier Senior Living, Llc, Kelland Lancaster, Samantha Davidson, Seven Oak Assisted Living And Memory Care Llc, Seven Oaks Al & Mc, The Village At Seven Oaks Al Mc, Llc, for 35-CV Other Non PI/PD/WD Tort - Civil Unlimited in the District Court of Kern County.

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William C. Wilson, SBN: 149683
John T. Tsumura, SBN: 313990
NicholasA. Prukop, SBN: 332177
WILSON GETTY LLP
12555 High Bluff Drive, Suite 270
San Diego, California 92130
Telephone: 858.847.3237
Facsimile: 858.847.3365
Attomeys for Defendants THE VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT
SEVEN OAKS ASSISTED LIVING AND MEMORY CARE; SEVEN OAK ASSISTED LIVING
AND MEMORY CARE LLC (erroneously sued and served as SEVEN OAKS AL & MC); FRONTIER
MANAGEMENT LLC, FRONTIER SENIOR LIVING, LLC, and SAMANTHA DAVIDSON

SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF KERN

11 BILLY CATES, Individually and as Successor- Case No. BCV-22-102864
In- Interest to the Estate of LOIS CATES;
12 BARBARA NEWTON, Individually; and DECLARATION OF NICHOLAS A. PRUKOP
PAUL CATES, Individually, IN SUPPORT OF PETITION TO COMPEL
13 ARBITRATION AND STAY PROCEEDINGS
Plaintiffs, AND DISCOVERY BY DEFENDANTS
14
vs. [Filed Concurrently with Notice of Petition;
15 Memorandum of Points and Authorities; Notice
THE VILLAGE AT SEVEN OAKS AL MC, of Request for Stay; Declaration of Samantha
16 LLC dba THE VILLAGE AT SEVEN OAKS Davidson; and Proposed Order]
ASSISTED LIVING AND MEMORY CARE;
17 SEVEN OAKS AL & MC; OAKMONT Action Filed: February 15, 2023
MANAGEMENT GROUP, LLC; OAKMONT
18 SENIOR LIVING, LLC; SAMANTHA Judge: Hon. Thomas S. Clark
DAVIDSON; KELLAND LANCASTER; Dept.: 17
19 DOES 1-50, Trial Date: Not Set

20 Defendants. Hearing Date: September 21, 2023
Hearing Time: 8:30 a.m.
21 Hearing Dept.: 17

22 I, Nicholas A. Prukop, declare as follows:

23 1 I am an attomey at law duly admitted to practice in all courts of the State of California, and J

24 am an associate in the law firm of Wilson Getty LLP, attomeys of record for Defendants THE|

25 VILLAGE AT SEVEN OAKS AL MC, LLC dba THE VILLAGE AT SEVEN OAKS ASSISTED

26 LIVING AND MEMORY CARE; SEVEN OAK ASSISTED LIVING AND MEMORY CARE LLC

27 FRONTIER MANAGEMENT LLC, FRONTIER SENIOR LIVING, LLC, and SAMANTHA

28
DECLARATION OF NICHOLAS A. PRUKOP IN SUPPORT OF PETITION TO COMPEL ARBITRATION AND
STAY PROCEEDINGS AND DISCOVERY BY DEFENDANTS
DAVIDSON (“Defendants”). I make this declaration of my own personal knowledge or based upon

knowledge and belief acquired as counsel for Defendants. If called upon as a witness, I could and would|

testify competently to the following facts.

2 I personally reviewed Defendant the Village at Seven Oaks Assisted Living and Memory

Care’s (“the Village”) patient chart and business records for Plaintiff Ms. Lois Cates. Within those

records is a document titled “Memory Care Residence and Care Agreement,” which included a

provision titled “Arbitration” executed on May 8, 2019, by Ms. Cates’ legal representative/agent,

Barbara Newton (hereinafter “Arbitration Agreement”). The Arbitration Agreement requires that any

and all claims and disputes that Ms. Cates or her spouses, heirs, representatives, executors, Executive

10 Directors, successors, assigns, managers, and agents might have with the Village arising from or

11 relating to Ms. Cates’ residency, care, services provided at the community, or admission agreement be

12 submitted to binding arbitration. There is nothing within the patient’s records to show that the

13 Arbitration Agreement has been waived, rescinded, or revoked in compliance with the Arbitration

14 Agreement. Attached hereto and filed herewith as Exhibit A is a true and correct copy of the Memory

15 Care Residence and Care Agreement.

16 3. On August 10, 2023, the former Executive Director for the Village, Samantha Davidson,

17 signed a Declaration, under penalty of Perjury, stating that Ms. Cates represented to her that Ms. Cates’

18 daughter, Barbara Newton, had authority to execute the agreements referenced above as Ms. Cates’
19 legal representative/agent. Attached hereto and filed herewith as Exhibit C is a true and correct copy of

20 the Declaration of Samantha Davidson.

21 4. Defendants were served with Notices of Acknowledgments of Plaintiffs’ First Amended

22 Complaint (the “Complaint”) on or about February 9, 2023. Defendants executed those Notices of

23 Acknowledgments on February 21, 2023. Attached hereto and filed herewith as Exhibit B is a true and

24 correct copy of the pertinent pages of the First Amended Complaint: the caption page and page 26.

25 5. Defendants timely filed their Answer to the First Amended Complaint on March 23, 2023.

26 Attached hereto and filed herewith as Exhibit D is a true and correct copy of the pertinent pages of

27 Defendants’ Answer: the caption and page 4.

28 -2-
DECLARATION OF NICHOLAS A. PRUKOP IN SUPPORT OF PETITION TO COMPEL ARBITRATION AND
STAY PROCEEDINGS AND DISCOVERY BY DEFENDANTS
6. As their Sixteenth Affirmative Defense, Defendants asserted that Plaintiffs’ First Amended

Complaint (Exhibit B) is subject to binding arbitration. (Exhibit D, at 4).

7. To avoid the necessity of having to file the accompanying Petition to Compel Arhitration,

both John T. Tsumura, Esq. and William C. Wilson, Esq. sent correspondence to Plaintiffs’ counsel

requesting that Plaintiffs stipulate to arbitrate their claims pursuant to the Arbitration Agreement.

Attached hereto and filed herewith as Exhibit E is a true and correct copy of Mr. Tsumura’s May 1,

2023, correspondence chain with Plaintiffs’ counsel, as well as Mr. Wilson’s May 10, 2023,

correspondence chain with Plaintiffs’ counsel.

8. Plaintiffs’ counsel declined to stipulate to arbitrate Plaintiffs’ claims. Attached hereto and
10 filed herewith as Exhibit F is a true and correct copy of Plaintiffs’ counsel’s last electronic mail

11 communication to Mr. Tsumura and Mr. Wilson regarding the potential stipulation, dated May 10,

12 2023.

13 9. Defendants have filed their Petition to Compel Arbitration in the earliest stage of litigation.

14 As shown herein, there has been no delay in asserting Defendants’ rights to arbitrate pursuant to the

15 Arbitration A greement, or in filing this Petition to Compel Arbitration.

16 10. Defendants have not served, nor caused to have served, any written discovery or deposition

17 notices in this Superior Court action.

18 11. This matter does not yet have a trial date. The Court has also not yet conducted a Case
19 Management Conference. Additionally, no experts have been designated. Thus, for all the reasons

20 stated herein, the Arbitration Agreement is a valid, binding, and enforceable contract; it was neither

21 waived, rescinded, nor revoked. Furthermore, Plaintiffs have not suffered, and shall not suffer, undue

22 prejudice to have their claims arhitrated.

23 12. Attached hereto and filed herewith as Exhibit A is a true and correct copy of the Memory

24 Care Residence and Care Agreement. Ms. Cates’ authorized agent/legal representative’s, Barbara

25 Newton’s, signature and/or initials are included at various places throughout as the responsible party

26 for Ms. Lois Cates.

28 -3-
DECLARATION OF NICHOLAS A. PRUKOP IN SUPPORT OF PETITION TO COMPEL ARBITRATION AND
STAY PROCEEDINGS AND DISCOVERY BY DEFENDANTS
1 13. Mr. Tsumura consulted with Defendants, then caused his assistant to contact the Court for

2 the first available date on the Court’s calendar to hear Defendants’ Petition to Compel Arbitration.

3 || That date is September 21, 2023.

4 I declare under penalty of perjury under the laws of the State of California that the foregoing is

5 true and correct.

6 Executed on this 16th day of August, 2023, in San Diego, California.

~a--
fi
Nicholas A. Prukop, Esq.
10

18
19

28 -4.
DECLARATION OF NICHOLAS A. PRUKOP IN SUPPORT OF PETITION TO COMPEL ARBITRATION AND
STAY PROCEEDINGS AND DISCOVERY BY DEFENDANTS
Exhibit A
Residence and Care Agreement Lo) S( Tote

Memory Care
Residence and Care
Agreement

This is the Residence and Care Agreement that describes the terms for
Residence and Care at the Community, please read it carefully, after
reviewing it, please sign, date and return the original to us at your earliest
convenience. Please keep a copy for your records.

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Community Information ...
Resident Information...
Resident Representative's Information
CORE SERVICES

Table of Contents
| BASIC SERVICES
A Living Accommodations .
1
Residence:..........
2 UOEINEESE 5 sezesssepsdsvaetecpeasiaedip
sagt wart gee ooviswasdatinadonensacsduezecgrsendendatenddeeat
3 Furnishings: .
Maintenance:
Alterations:
Common Facilities.
Laundry..
Housekeeping...
Personal Supplies
Meals
Planned Activities
Transportation
Emergency Response and Fire Protection. .............0.ccccccsceesecssseeereeseseeeee
| Observation and Consultation...
I PERSONAL ASSISTANCE AND CARE.
A Memory Care Services
Le ADDITIONAL SERVICES 10
List of additional items and services available at additional fee 10
IV. EXCLUDED HEALTH-RELATED SERVICES 10
Vv TERMS OF AGREEMENT 10
Vi. FEES 11

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Monthly Fee 1
Community Fee 11
Adjustments to Fees or Services 12
Payment and Failure to Make Payments . 12
E Change of Level of Care 13
Vil. TRANSFER FROM THE COMMUNITY 13
A Transfer to a More Appropriate Level of Care. 13
B Substitution of Unit 14
Cc Voluntary Apartment Change. 14
VIIL. TERMINATION 14
A Termination by You 14
B. Termination by Us.. 14
Cc Resident Death 17
D. Refund Policy. 18
E Termination Due to Licensure Forfeiture or Change of Use 18
IX. YOUR PROPERTY RIGHTS AND OBLIGATIONS 18
A No Management or Property Interest 18
B Damage to Our Property.. 19
Cc Damage to Your Property 19
OTHER PERSONAL OBLIGATIONS 19
A Your Liability to Others.. 19
B Personal Affairs . 19
C. Private Duty Aides . 19
Xl MISCELLANEOUS 20
A Right of Entry 20
B Accuracy of Application Documents .. 20
Cc Examination of Records 20
Resident Handbook 20
Guest Visits and Communications . 21
Resident and Family Councils .... 21
Non- Smoking Policy. 22
Pet Policy 22

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Motorized Cart... 22
Assignment 22
Licensing Surveys 22
Weapons/Firearms/Explosives Restrictions. 23
Personal Rights 23
Notices 23
Telephone Services 24
Grievances. 24
Entire Agreement 24
Waiver. 24
s Arbitration. 25
Appendix A.. 29
Appendix B 32
Appendix C 35
Appendix D Error! Bookmark not defined.
Appendix E 40
Appendix F 41
Appendix G 46
Appendix H 47
Appendix 1... 48
Appendix J 60
Appendix K 62

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A residential care facility for the elder "ieansed by the California State Department of
Social Services IS NOT ALLOWED TO PROVIDE 24-HOUR SKILLED NURSING
yeni

Gate Informatio:

Name: The Village at Seven Oaks Assisted Living and Memory Care

Address: 4301 Buena Vista Road, Bakersfield, CA 93311

RCFE License #: 157206891

Telephone #: (661) 837-1337

Licensee(s): Seven Oaks Assisted Living and Memory Care, LLC
7420 Bridgeport Road, Suite 105
Portland, OR 97224
(503) 443-1818

The Village at Seven Oaks AL MC, LLC
7420 Bridgeport Road, Suite 105
Portland, OR 97224
(503) 443-1818

Resident Information

Name of Resident: ( O\ S Coa, les

Social Security #:

Birth Date: g
c.
Date of Admission:
R esident Re; Tesenlative's Informatio:

Resident's Representative Relationship: Aocliteor—
ols -
Address: GG JO [acto Gye Be wah

Address: Telephone:

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THIS AGREEMENT (“Agreement”) is made on 5) ¥ , 20)4, between The
Village at Seven Oaks AL MC, LLC, a California limited liability company (“Frontier”), as
agent for The Village at Seven Oaks Assisted Living and Memory Care (referred to in this
Agreement as “Community*) and gus Cotes (referred to
in this Agreement as “you” or “Resident”). In the event that more than one individual is a
party to this Agreement, they shall be collectively referred to as “you” or “Resident” and
this Agreement shall be binding on them, jointly and severally.

The Community is a licensed residential care facility for the elderly and dementia care
community that has a dementia plan of operation available for review upon request. The
Community is located at 4301 Buena Vista Road, Bakersfield, CA 93311, which provides
residence, care and services to persons 62 years of age and older. Frontier manages
and operates on a non-discriminatory basis and affords equal treatment and access to
services to eligible persons regardless of race, color, religion, creed, gender, national
origin, or ancestry.

The Village at Seven Oaks Assisted Living and Memory Care does not discriminate and
does not permit discrimination, including, but not limited to, bullying, abuse, or
harassment, on the basis of actual or perceived sexual orientation, gender identity,
gender expression, or HIV status, or based on association with another individual on
account of that individual's actual or perceived sexual orientation, gender identity, gender
expression, or HIV status. You may file a complaint with the Office of the State Long-
Term Care Ombudsman (558) 224-9177 if you believe that you have experienced this
kind of discrimination.

You have applied for accommodations at the Community and your application has been
accepted. The purpose of this Agreement is to provide a statement of the services that
the Frontier will furnish to you at the Community, and the other legal obligations that the
Frontier will assume. This Agreement also sets forth your legal obligations to the Owner,
both financial and non-financial.

Please note that as a residential care facility for the elderly, the Community is not
permitted to use restraints on its residents, and the use of restraints is also inconsistent
with our philosophy. We encourage our residents to participate in physical activities to
the extent of their capabilities. Thus, falls and other personal injuries will occur from time
to time. If you are not comfortable with this type of environment, we suggest that you
consider a higher level of care.

I BASIC SERVICES

You will be provided with the following core services at the Community, subject to the
terms of this Agreement. These services are included in your Monthly Fee unless
otherwise indicated.

A. Living Accommodations

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1 Residence;

You have chosen to live in unit # 5 (your “Unit") which is a:
1
Private Unit Dnared ewes

Shared Unit

You may live in your Unit on a month-to-month basis, subject to the
terms of this Agreement and to the general policies of the
Community, contained in the Resident Handbook and policies of the
Community.

2 Utilities:

> Your Unit will be furnished with water, electricity, garbage removal, heat and air
conditioning, and basic cable. You will be responsible for telephone, internet services,
and additional cable channels and packages which will be billed directly to you by the
responsible company or companies.

8 Furnishings:

You may furnish your Unit with your own furniture. If you choose not
to provide your own furniture, we will arrange for an outside vendor
to provide you with furniture. You will be billed directly by the outside
vendor and will be responsible for payment yourself. You will be
responsible for removing all of your furnishings when you vacate your
Unit.

Maintenance:

We will perform all necessary maintenance and repairs of your Unit
at our expense. However, you will be responsible for reimbursing us
for any repairs not caused by normal wear and tear.

Alterations:

Any physical change to your Unit requires the prior written approval
of the Executive Director, and shall be made at your own expense. If
you obtain such approval, you will be responsible for restoring the
original décor when your Unit is vacated, unless we specifically
exempt you from this requirement in writing.

Common Facilities:

You will be entitled to share with all other residents of the Community
the use of the common areas, including the bathrooms, dining room,
living room and outdoor areas.
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B Laundry

Linen services are included in the base rent. Personal laundry is
available and will be charged as additional points to the resident's
service plan.

Housekeeping

Weekly housekeeping services are provided in your Unit or in
~ accordance with the resident's service plan.

Personal Supplies

We assume that residents wish to provide their own supplies for
personal care and hygiene. However, if you are unable to provide
such supplies or choose not to provide them, we will supply you with
personal items for a charge by an outside vendor (see Appendix A).

Meals

1 Dining Unit. Three (3) nutritionally balanced meals and snacks will
be served daily to residents in the dining room. These meals and
snacks are included in your Monthly Fee. We will also accommodate
Non-Concentrated Sweets (NCS) and No Added Salts (NAS)
special diets, if prescribed by your physician

2 Tray Services. Tray services are not available.

3 Guests. You may invite guests to any meal, but we request at least
two (2) hours’ advance notice so that proper accommodations can
be made. There will be a fee for guest meals as provided in
Appendix A.
F Planned Activities

We will provide a program of social, intellectual and recreational
activities. You are welcome to participate in such activities as
desired.

G Transportation

We will make available to resident's transportation to health care
appointments (physician’s, dentist, etc.). Please note that if the
resident's family and/or representative is unable to escort the
resident for the transportation and entire duration of the health care
appointment, we ask that the Community be notified at least 24 hours
in advance of the scheduled appointment. In such cases, the
Community will provide an escort for the resident and the resident
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will be billed an hourly rate of $30 (billed in % hour increments with
a 1-hour minimum).

H Emergency Response and Fire Protection.

Your Unit will be equipped with an emergency call system, smoke
detector and sprinkler system. The call system is monitored 24 hours
per day to alert staff to emergencies and illnesses. In accordance
with California law, there is on the premises and on duty at all times
at least one staff member who is trained in CPR (cardiopulmonary
resuscitation)and first aid. Our staff
are trained to call 911 if an injury
or other circumstance results in an imminent threat to a resident's
health including, but not limited to, an apparent life-threatening
medical crisis. Staff are not required to perform CPR, but in
accordance with California law, we cannot prevent a staff member
who is trained in CPR from administering it. Please notify us if you
have an advance health care directive or POLST (physician orders
for life-sustaining treatment) that contains information on your
desires regarding life-sustaining treatment or intervention.

Observation and Consultation

The staff at the Community will observe your health status to identify
your dietary, social and health care needs and will provide you with
consultations regarding social and health-related issues.

i. PERSONAL ASSISTANCE AND CARE

A Memory Care Services

1 In accordance with your plan of care and applicable California law,
we will provide you with the care and services necessary to enable
you to attain and maintain the highest practicable level of physical,
emotional, and social well-being, including, but not limited to, the
following services (These services are included in your Monthly
Fee).

Assistance with personal activities of daily living
Dressing
Eating
Toileting
Bathing
Grooming
Mobility tasks, (Ambulating)
Hygiene items of general use, such as toilet paper
Assistance with Scheduling appointments to medical and
dental services

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| Scheduled Transportation Days to medical and dental
appointments
k Laundry of linens (points are charged for personal laundry)
I Clean bed and bath linens weekly, or as needed
m Cleaning of resident's room

When you applied for admission to the Community, we performed
an assessment of your needs and determined with you the
appropriate level of services for you. We will reassess you quarterly
or upon a change of condition to determine the appropriate level of
service that you require. A comprehensive description of our method
for evaluating residents’ service needs and the current fee schedule
for the various Levels of Care at the Community are set forth in
Appendix A. These fees are subject to change as provided in
Section VI.C below. As described in Section VI.E below, if you
begin receiving a different level of care, the rate for the new level of
care shall be charged immediately.

Mil. ADDITIONAL SERVICES

List of additional services available at additional fee
1
Respite Care (30-day minimum)
2 Beauty salon services (Outside Vendor)
3 Any other service that the Community may elect to offer in the future.

The current fees for additional items and services at the Community are set
forth in attached Appendix A and are subject to change as provided in
Section V! below.

IV. EXCLUDED HEALTH-RELATED SERVICES

We shall not be responsible for furnishing or paying for any health care
items or services not expressly included in this Agreement, including but not
limited to home health, hospice, physicians’ services, nursing services,
surgery, hospital care, private duty care or other care or equipment beyond
our routine levels of staffing and equipment, treatment or examination of
eyes or teeth, medications, medical supplies, vitamins, eyeglasses, contact
lenses, hearing aids, orthopedic appliances, prosthetic devices, laboratory
tests, x-ray services, toiletries and personal supplies not required to be
provided under Section | above.

V. TERMS OF AGREEMENT

This agreement shall be in effect from a month to month, unless and until it
is terminated as set forth in Section VIII below.

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Vi. FEES

A Monthly Fee

Memory Care Charg

Level 1 A\\
Level 2 vac Bvt
Level 3
Level 4
Level 5

Other Additional Services

TOTAL Monthly Fee 33500
If you begin occupying your Unit on a day after the first day of the
calendar month, your Monthly Fee for the first month will be prorated
accordingly. The Monthly Fee is payable in advance by the first (1°')
day of each calendar month, and is considered delinquent if not
received by the fifth (5"") day of the month.

Your right to occupy and use your Unit and to receive services at
the Community is contingent upon timely payment of the Monthly
Fee and all other applicable charges and fees under this agreement.

B Community Fee

When the Resident signs this Agreement, the Resident shall give the
Community a $4003,°Pnon-refundable community fee to cover
refurbishing community amenities and common areas, apartments,
and community improvements, etc. (Fee not applicable to State
clients). The Community Fee is refundable in whole or in part under
the following conditions:

a The entire amount is refundable if you do not enter the
Community, for any reason, before completion of the
preadmission appraisal.

If you do not enter the Community, for any reason, after the
preadmission appraisal is conducted, you will be entitled to a
refund of eighty percent (80%) of the balance after a five
hundred-dollar ($500) fee is deducted.

If this Agreement terminates and you leave the Community,
for any reason, during the first month of residency, you will be

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entitled to a refund of eighty percent (80%) of the balance after
a five hundred-dollar ($500) fee is deducted.

If this Agreement terminates and you leave the Community,
for any reason, during the second month of residency, you will
be entitled to a refund of sixty percent (60%) of the balance
after a five hundred-dollar ($500) fee is deducted.

If this Agreement terminates and you leave the Community,
for any reason, during the third month of residency, you will
be entitled to a refund of forty percent (40%) of the balance
after a five hundred-dollar ($500) fee is deducted.

After your third month of residency, no portion of the
Community Fee is refundable.

Leaving from the Community is defined as moving from the
Community and removing your furniture and all other personal
belongings.

Cc Adjustments to Fees or Services

1 Fees. We shall give sixty (60) days’ prior written notice to you of
any change in the Monthly Fee, fees for levels of care, or in the
charges for additional items and services. However, as described
in Section VI.E, if you begin receiving a different level of care, the
rate for the new level of care shall be charged immediately. We will
give you written notice of a level of care rate increase within two (2)
business days after providing services at the new level of care. In
the event of a rate increase, we will include with the notice of the
increase the reasons for the increase and a general summary of the
additional costs that led to the increase.

Services. We may modify the services provided under this
Agreement upon sixty (60) days’ prior written notice, provided that
the services do not fall below the standards established by the
Department of Social Services.

D Payment and Failure to Make Payments
1
You will be required to make all payments due to us in a timely
manner and otherwise fulfill your financial obligations to us. We do
not accept SSI/SSP eligible residents for admission to the
Community.

Payments should be made to: The Village at Seven Oaks Assisted
Living and Memory Care

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Payment shall be made in a form of a check or money orde
only.
All payments should be delivered by U.S Mail or by hand to:

The Village at Seven Oaks Assisted Living and
Memory Care
4301 Buena Vista Road
Bakersfield, CA 93311
If a payment is not received by the tenth (10th) of the calendar
day, we will impose a late payment charge of $100.00 of your
then-current Monthly Fee for each delinquent payment. We
further reserve the right to charge, and you agree to pay, a
non-sufficient fund charge of $35.00 for any returned
payments.

A monthly invoice will be sent to you by U.S. Mail or e-mail
approximately seven (7) prior to the due date which will
itemize any fees or charges that have incurred.

E Change of Level of Care

Our staff will perform a reassessment of your needs quarterly or
upon a change of condition. If we determine that you need a
different level of care than that which you are currently receiving, we
will provide you and your representative, if applicable, with written
notice of the change. You agree to change to a level of care
appropriate to your needs. The rate for the new level of care shall
apply immediately.

Vil. TRANSFER FROM THE COMMUNITY

A Transfer to a More Appropriate Level of Care

1 The Community is licensed as a residential care facility for the
elderly and is not designed to provide higher levels of care, such as
skilled nursing care. You may remain at the Community as long as
you abide by the terms of this Agreement and doing so is permitted
by applicable licensure laws and fire safety standards.

The judgment of our staff, your care needs, and levels of functioning
are consistent with those of other residents and with the level of
staffing and services offered at the Community.

Your presence creates a danger to yourself or others. If we
determine that it is inappropriate for you to remain at the
Community, you will be asked to move, and this Agreement will

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terminate in accordance with section VIII. If you do not move out
under these circumstances, and we determine that it is necessary
to provide you with one-on-one care in order to protect your health
or safety or the health or safety of others, we will provide such care
and you will be charged for such as specified in Appendix A.

B Substitution of Unit

We may need to substitute your Unit with another to comply with
any law or lawful order of any authorized public official, or for any
other reasonable purpose, as determined by us. We will make
reasonable accommodations with respect to your preferences
concerning apartment and roommate choices. We will provide you
with thirty (30) days' written notice before substituting your
Apartment, unless you agree to the request for a change, it is
required to fill a vacant bed, or it is necessary due to an emergency.
You agree to such apartment substitution and agree to pay the
Monthly Fee applicable to the new apartment.

c Voluntary Apartment Change.

Your request for a change of apartment may be granted at our
discretion. You will pay the then-applicable Monthly Fee for the new
apartment beginning on your first day of occupancy. If you move on
a day other than the first day of the month, any difference in rates
between your current Apartment and the new apartment will be
credited or debited to your account, as the case may be, on a pro
rata basis. You will be responsible for all costs associated with the
move, including an apartment transfer fee as noted in Appendix A.

Vill. TERMINATION

A Termination by You

1 You may terminate this agreement at any time, with or without
cause, by giving us thirty (30) days’ prior written notice of
termination. You will continue to be responsible for your Monthly
Fee until the thirty (30) day period has expired.

lf the Department of Social Services issues a relocation order, you
will not be responsible for meeting this advance notice requirement.

B Termination by Us
1 Upon Thirty (30) Days’ Notice. We may terminate this Agreement
upon thirty (30) days’ written and verbal notice to you and your
personal representative if any of the following events occur:

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Nonpayment of the rate for basic services (i.e., the Monthly
Fee) within ten (10) days of the due date;

Failure of you to comply with the state or local law after
receiving written notice of the alleged violation;

Failure of you to comply with general policies of the
Community.

If after admission, it is determined that you have a need not
previously identified and a reappraisal has been conducted
pursuant to section 87463 of the Title 22 of the California
Code of Regulations, and we and the person who performs
the reappraisal believe that the Community is not appropriate
for you.

For the full text of Section 87224(a) of Title 22 of the California Code
of Regulations regarding Eviction Procedures, see Appendix L.

Upon Three (3) Days' Notice. In addition, we may, upon obtaining
prior written approval from the Department of Social Services, evict
you upon three (3) days written notice to quit. The Department of
Social Services may grant approval for the eviction upon a finding
of good cause. Good cause exists if you are engaging in behavior
which is a threat to the mental and/or physical health or safety of
yourself or to the mental and/or physical health of others in the
Community.

Notice. If we terminate this agreement under Section VIII, you and
your personal representatives (if any) shall receive a notice
describing the reason for such termination, and we will send
California Department of Social Services a written report of the
termination within five (5) days after the termination. If you request,
we will provide you with assistance in finding an alternative living
arrangement.

Appeal. If you wish to appeal a termination, you may do so by
fequesting a review in writing to the Executive Director within ten
(10) days following a thirty (30) day termination notice or within one
(1) day following a three (3) day termination notice. The Executive
Director will schedule a meeting with you and your representative(s)
during which you can present reasons why the termination should
not occur. The Executive Director will then make a final
determination which will be provided to you in writing.

Pre-Eviction Requirements. In orderto evict a resident
who remains
in his or her Apartment after the effective date of the termination, we
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must file an unlawful detainer action in superior court and receive a
written judgment signed by the judge. If we pursue an unlawful

Case Info

Judge

Clark, Thomas S. Track Judge’s New Case

Case No.

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Document Filed Date

August 16, 2023

Case Filing Date

October 25, 2022

County

Parties

BARBARA NEWTON Plaintiff
BILLY CATES, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO THE ESTATE OF LOIS CATES Plaintiff
FRONTIER MANAGEMENT LLC Defendant
FRONTIER SENIOR LIVING Defendant
FRONTIER SENIOR LIVING, LLC Defendant
KELLAND LANCASTER Defendant
PAUL CATES Plaintiff
SAMANTHA DAVIDSON Defendant
SEVEN OAK ASSISTED LIVING AND MEMORY CARE LLC Defendant
SEVEN OAKS AL & MC Defendant
THE VILLAGE AT SEVEN OAKS AL MC, LLC Defendant
Kathryn Stebner Attorney
Deena Zacharin Attorneys for Plaintiffs
Kelsey Craven Attorneys for Plaintiffs
Brian Umpierre Attorneys for Plaintiffs
Ryan Canavan Attorney
Brandon Singleton Attorney
William Wilson Attorneys for Defendants
Nicholas Prukop Attorneys for Defendants
John Tsumura Attorneys for Defendants
Karman Guadagni Attorneys for Plaintiffs

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Party Statement: BILLY CATES, INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO THE ESTATE OF LOIS CATES ET AL VS THE VILLAGE AT SEVEN OAKS AL MC, LLC ET AL

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