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DAVID F. BEACH, ESQ. (SBN 127135)
OSCAR A. PARDO, ESQ (SBN 249955)
PERRY, JOHNSON, ANDERSON,
MILLER & MOSKOWITZ, LLP
438 First Street, Fourth Floor
Santa Rosa, CA
Telephone: (707) 525-8800
Facsimile: (707) 545-8242
Attorney for Defendants
BEVERLY HEALTHCARE-CALIFORNIA, INC. dba
GOLDEN LIVINGCENTER FRESNO ; BEVERLY
HEALTHCARE CALIFORNIA, INC. dba GOLDEN
LIVINGCENTER CLOVIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
JOSIE MAE BROWN, individually, CASE No. 17CECG04065
PERRY JOHNSON ANDERSON
Plaintiff, Unlimited Civil Action
MOSKOWITZ LLP
Assigned to Hon. Jeffrey Y. Hamilton
vs.
DEFENDANT SEPARATE STATEMENT
BEVERLY HEALTHCARE CALIFORNIA, OF UNDISPUTED MATERIAL FACTSIN
INC. dba GOLDEN LIVINGCENTER
MILLER
FRESNO; BEVERLY HEALTHCARE, INC. dba SUPPORT OF MOTION FOR SUMMARY
GOLDEN LIVINGCENTER – CLOVIS, and JUDGMENT, OR IN THE ALTERNATIVE,
OES 1 through 200, inclusive, SUMMARY ADJUDICATION
Defendants ComplaintFiled: November 27, 2017
Trial Date: January 27, 2020
Date: January 7, 2020
Time: 3:30 p.m.
Dept.: 501
Moving parties, Defendants BEVERLY HEALTHCARE CALIFORNIA, INC. dba
LDEN LIVINGCENTERFRESNO and BEVERLY HEALTHCARE CALIFORNIA, INC.
dba GOLDEN LIVINGCENTERCLOVIS (hereinafter “Defendants” or Golden Living”) hereby
submit the following Separate Statement of Undisputed Material Facts and References to Evidence
in support of their Motion for Summary Judgment, or in the alternative, Summary Adjudication, as
to all causes of action. This Separate Statement of Undisputed Material Facts is filed pursuant to
Code of Civil Procedure (“CCP”) section 437(c)(b)(1), and is in compliance with California Rules
of Court 3.1350(c)(2).
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE,
SUMMARY ADJUDICATION
The undisputed material facts set forth herein include every essential element to establish
no triable issue existsas to any material fact, and that Defendants are entitled to judgment as a
matter of law as to Plaintiff JOSIE MAE BROWN’S Complaint.
SSUE 1: PLAINTIFF’S PROFESSIONAL NEGLIGENCE CLAIM AGAINST THE
GOLDEN LIVING DEFENDANTS IS BARRED AS A MATTER OF LAW
UPPORTED BMATERIAL FACTS
TheFirst Cause of on for Elder Abuse all eged agains Golden Living Defendants
should be dis sed as a matter of lawfor the fo llowing reasons:
Pursuant to Cali fornia Code of Civil Procedure Plaintiff does not have the
capacityto sue ; and
Plaintiff elder abuse claim barred by the app licable statutes of limitations,
Codes of Civil Procedure340.5 and as the op erativeComplaint was filed more than four
PERRY JOHNSON ANDERSON
ears after the alleged injury; an
MOSKOWITZ LLP
Plaintiff elder abuse claim has no merit as there is no triable issue of material fact
gainsthe Golden Living Defendants becausePlaintif a) hasno evidence that was
MILLER
physicallyabused or negl ected, (b) has noevid ence of recklessness, malice, oppression or fraud
and (c) she hasno evidence that the Golden L vingDefendants caus ed her any h
sent the necessary aterial factsor c ures for the procedural defects identified above, the
Golden LivingDefendants are entit led to judgment as a matter of law, or at minimumto s ummary
adjudication the issue of Elder A buse
UNDISPUTED M TERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
laintiff imary allegation agains the
Golden L ing Defendants is the following
While under th car e andtreatment of
GLC FRESNO, BROWN suffered a broken
eg due to the lack of care provided by GLC
FRESNO staff.”
Declaration of Oscar A. Pardo, hereinafter
Pardo Declarat 1; Pardo Declaration
Exhi bit at
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED M TERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
ter, n April 2013, BROWN was
ansferred to G CLOVIS.”
(Pardo Declaration ; Pardo Declaration
Exhibit at
December 16 and 22nd
respectively Golden L ving Defendant
ceased their respective operations of olden
LivingCenter Fresno and Golden
ivingCenter Clovisand turned the care
duties over tonew opera endant
cora Transitional Health ovis LLC and
cora Transitional Health resno LLC
Pardo Declaration 5; Pardo
Declarations xhibits and
(redacted)
PERRY JOHNSON ANDERSON
laintiff f led her mplaint Novemb
MOSKOWITZ LLP
(Pardo Declaration ; Pardo Declaration
Exhibit
MILLER
Her complaint allege Elder Abuse,
Violation of Patient’s Rights (Health &
Safety Code §1430(b)) and Professional
Negligence against theGol den Living
endantsand other d efendan
(Pardo Declaration ; Pardo Declaration
Exhibit
Plaintiff and her prior co nsel have been
discovery and ecure
informationand documents to assist in
establishin er claim agains the olden
iving efendants
Pardo Declaration
ever Plaintiff has conducted no
discovery to date. With an impending
uary 20 tria l datePlaintiff has thus
far secured dence to support any of the
allegations raised against t lding Living
Defendants
Pardo Declaration
Plaintiff has contin argued that
rsuant to alifornia Code of Civil
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED M TERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
dure , she lack the
legal capacity to make decisions
Pardo Declaration do Declaration
Exhibit 1)
denying the G lden Living Defendants
emurrer, the urt acknowledgedand
accepted Plaintiff propositionin stating
Plaintiff has allege at she
was uble t ommunicate
and was insane for the
purposes of ction 352
which isess entially the same
as allegingthat she lacked
the legal capacityto make
decisions such a filing a
lawsuit (Emphasis added)
Pardo Declaration ; Pardo
PERRY JOHNSON ANDERSON
MOSKOWITZ LLP
Declaration Exhibit
The G lden ing Defen ants answered the
Complaintand continued t o assert
affirmative defense that Plaintiff lackthe
MILLER
capacityto sue.
(Pardo Declaration ; Pardo Declaration
Exhibit
Throughout this case aintiff has never
designated conservator or guardian
litem legally represent er person iven
theC.C.P designation
(ParDeclaration 11; Pardo Declaration
Exhibit at
n September 26, 2019, the Court granted
Plaintiff ounse tion to W thdr
(Pardo Declaration ; PardoDeclaration
Exhibi
Plaintiff is now self represented has
establis C.P. signationand is
without a conservator, guardian ad lite , or
legal counsel.
(Pardo Declaration
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
SSUE PLAINTIFF’S ELDER ABUSECLAIM AGAINST THE GOLDEN LIV ING
DEFENDANTS BARR ED S A MATTER OF LAW
UPPORTED B MATERIAL FACTS
The Second Cause of tion for N glig ce against the Golden LivingDefendants should
be dis sed as a matter of lawfor the fo wing reasons:
Pursuant to Cali fornia Code of vil Procedu Pla intiffdoes not have the
capacityto sue ; and
Plaintiff negligence claim barred by t he applicable statutes of limitations, Codes
of Civil Procedure 340.5 and as the op erativeComplaint was filed more than four y ear
ter the alleged injury
Plaintiff negligence claim hasno merit as there is no triable issue of material fact
against the Golden LivingDefendants becauseshe has no evidence that the Golden Living
Defendants caused her any harm.
PERRY JOHNSON ANDERSON
MOSKOWITZ LLP
sent thnecessary terial acts or cures the procedural defects identified above, the
Golden LivingDefendants are entit d to judgment as a matter of law, or at minimumto ummary
MILLER
adjudication the issue of Negligence
UNDISPUTED MATERIAL FACTS AND SPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
laintiff imary allegation agains the
Golden L ing Defendants is the following
“While under th care and treatment of
GLC FRESNO, BROWN suffered a broken
eg due to the lack of care provided by GLC
FRESNO staff.”
Declaration of Oscar A. Pardo, hereinafter
Pardo Declarat 1; Pardo Declaration
Exhi bit at 16)
ter, n April 2013, BROWN was
ansferred to G CLOVIS.”
(Pardo Declaration ; Pardo Declaration
Exhibit at
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED MATERIAL FACTS AND SPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
December 16 and 22nd
respectively Golden L ving Defendant
ceased their respective operations of olden
LivingCenter Fresno and Golden
LivingCenter Clovisand turned the care
duties over toew opera endant
cora Transitional Health ovis LLC and
cora Transitional Health resno LLC
Pardo Declaration 5; Pardo
Declarations xhibits and
(redacted)).
laintiff filed her mplaint Novemb
(Pardo Declaration ; Pardo Declaration
Exhibit
Her complaint allege Elder Abuse,
Violation of Patient’s Rights (Health &
PERRY JOHNSON ANDERSON
MOSKOWITZ LLP
Safety Code §1430(b)) and Professional
Negligence against theGol den Living
Defendantsand other d efendan
(Par eclaratio ; Pardo Declaration
MILLER
Exhibit
Plaintiff and her prior co nsel have been
discovery and ecure
informationand documents to assist in
establishin er claim against the olden
Living efendants
Pardo Declarati
ever Plaintiff has conducted no
discovery to date. With an impending
uary 20 tria l datePlaintiff has thus
far secured dence to support any of the
allegations raised against theGolding Living
Defendants
Pardo Declarati
Plaintiff has contin argued that
rsuant to alifornia Code of Civil
dure , she lack the
legal capacity to make decisions
Pardo Declaration do Declaration
Exhibit at 1)
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED MATERIAL FACTS AND SPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
denying the G lden Living Defendants
emurrer, the urt cknowledgedand
accepted Plaintiff propositionin stating
Plaintiff has allege at she
was uble t ommunicate
and was insane for the
purposes of ction 352
which is essentially the same
as allegingthat she l acked
the legal apacityto make
decisions such a filing a
lawsuit (Emphasis added)
Pardo Declaration ; Pardo
Declaration Exhibit
The G lden ing Defen ants answered the
Complaint and continued to assert
affirmative defense that Plaintiff la the
capacityto sue.
PERRY JOHNSON ANDERSON
MOSKOWITZ LLP
(Pardo Declaration ; Pardo Declaration
Exhibit
Throughout this case aintiff has never
MILLER
designated conservator or guardian
litem legally represent her person given
theC.C.P design ation
(ParDeclaration 11; Pardo Declaration
Exhibit at
n September 26, 2019, the Court granted
Plaintiff ounse tion to W thdr
(Pardo Declaration ; Pardo
Declaration Exhibi
Plaintiff is now self represented has
stabl C.P. signationand is
without a conservator, guardian ad lite , or
legal counsel.
(Pardo Declaration
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
SSUE PLAINTIFF’S VIOLATION OF RESIDENTS RIGHTS CLAIM AGAINST
THE GOLDEN LIVING DEFENDANTS IS BARRED AS A MATTER OF
UPPORTED MATERIAL FACTS
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
laintiff imary allegation agains the
Golden L ing Defendants is the following
“While under th care and treatment of
GLC FRESNO, BROWN suffered a broken
eg due to the lack of care provided by GLC
FRESNO staff.”
Declaration of Oscar A. Pardo, hereinafter
Pardo Declarat 1; Pardo Declaration
Exhi at 16)
ter, n April 2013, BROWN was
ansferred to G CLOVIS.”
PERRY JOHNSON ANDERSON
MOSKOWITZ LLP
(Pardo Declaration ; Pardo Declaration
Exhibit at
December 16 and 22nd
MILLER
respectively Golden L ving Defendant
ceased their respective perations of olden
LivingCenter Fresno and Golden
LivingCenter Clovisand turned the care
duties over tonew opera endant
cora Transitional Health ovis LLC and
cora Transitional Health resno LLC
Pardo Declaration 5; Pardo
Declarations hibits and
(redacted)).
laintiff iled her mplaint Novemb
(Pardo Declaration ; Pardo Declaration
Exhibit ).
Her complaint allege Elder Abuse,
Violation of Patient’s Rights (Health &
Safety Code §1430 )) and Professional
Negligence against theGol den Living
Defendantsand other d efendan
(Pardo Declaration ; Pardo Declaration
Exhibit
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
Plaintiff and her prior co nsel have been
discovery and ecure
informationand documents to assist in
establishin er claim against the olden
Living efendants
Pardo Declaration
ever Plaintiff has conducted no
discovery to date. With an impending
uary 20 tria l datePlaintiff has thus
far secured dence to s any of the
allegations raised against theGolding Living
Defendants
Pardo Declaration
Plaintiff has contin argued that
rsuant to alifornia Code of Civil
dure , she lack the
PERRY JOHNSON ANDERSON
legal capacity to make decisions
MOSKOWITZ LLP
Pardo Declaration do Declaration
Exhibit at 1)
MILLER
denying the G lden Living Defendants
emurrer, the urt acknowledgedand
accepted Plaintiff propositionin stating
Plaintiff has allege at she
was uble t ommunicate
as insane forthe
purposes of ction 352
which is essentially the same
as allegingthat she lacked
the legal capacityto make
decisions such a filing a
lawsuit (Emphasis added)
Pardo Declaration ; Pardo
Declaration Exhibit
The G lden ing Defen ants answered the
Complaint and continued to assert
affirmative defense that Plaintiff lackthe
capacityto sue.
(Pardo Declaration ; Pardo Declaration
Exhibit
Throughout this case aintiff has never
designated con servator or rdian
litem legally represent her person given
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
the C.C.P designation
(ParDeclaration 11; Pardo Declaration
Exhibit at
n September 26, 2019, the Court granted
Plaintiff ounse tion to W thdr
(Pardo Declaration ; Pardo
Declaration Exhibi
Plaintiff is now self represented has
establis C.P. signationand is
without a conservator, guardian ad lite , or
legal counsel.
(Pardo Declaration
PERRY JOHNSON ANDERSON
SSUE PLAINTIFF’S PRAYER FOR VE D MAGES IS WITHOUT MERIT
MOSKOWITZ LLP
Plaintiff’sprayer for punitive damages has merit and there is no triable issue as any
material fact against the G ing ving Defendants causePlaintiff as no evidence(1) that
MILLER
moving efe nts physically abused neglected her (2) malice, oppression or fraud by
moving efendant that moving efendant caused laintiff njuries. Absent the
necessar intent, the G lden Living Defendants areentitled to judgment as a matter of law, or, at
the least, summary adjudication the issue prayer for punitive damages.
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
laintiff imary allegation agains the
Golden L ing Defendants is the following
“While under th care and treatment of
GLC FRESNO, BROWN suffered a broken
eg due to the lack of care provided by GLC
FRESNO staff.”
Declaration of Oscar A. Pardo, hereinafter
Pardo Decla 1; Pardo Declaration
Exhi bit at 16)
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
ter, n April 2013, BROWN was
ansferred to G CLOVIS.”
(Pardo Declaration ; Pardo Declaration
Exhibit at
December 16 and 22nd
respectively Golden L ving enda
ceased their respective operations of olden
LivingCenter Fresno and Golden
LivingCenter Clovisand turned the care
duties over tonew opera endant
cora Transitional Health ovis LLC and
cora Transitional Health resno LLC
Pardo ecl ration 5; Pardo
Declarations xhibits and
(redacted)).
laintiff filed her mplaint Novemb
PERRY JOHNSON ANDERSON
MOSKOWITZ LLP
(Pardo Declaration ; Pardo Declaration
Exhibit ).
Her complaint allege Elder Abuse,
MILLER
Violation of Patient’s Ri hts (Health &
Safety Code §1430(b)) and Professional
Negligence against theGol den Living
Defendantsand other d efendan
(Pardo Declaration ; Pardo Declaration
Exhibit
Plaintiff and her prior co nsel have been
discovery and ecure
informationand documents to assist in
establishin er claim against the olden
Living efendants
Pardo Declaration
ever Plaintiff has conducted no
discovery to date. With an impending
uary 20 tria l datePlaintiff has
far secured dence to support any of the
allegations raised against theGolding Living
Defendants
Pardo Declaration
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
Plaintiff has contin argued that
rsuant to alifornia Code of Civil
dure , she lack
al capacity to make decisions
Pardo Declaration do Declaration
Exhibit at 1)
denying the G lden Living Defendants
emurrer, the urt acknowledgedand
accepted Plaintiff propositionin stating
Plaintiff has allege at she
ble t ommunicate
and was insane for the
purposes of ction 352
which is essentially the same
as allegingthat she lacked
the legal capacityto make
decisions such a filing a
lawsuit (Emphasis added)
PERRY JOHNSON ANDERSON
MOSKOWITZ LLP
Pardo Declaration ; Pardo
ecla ation Exhibit
The G lden ing Defen ants answered the
MILLER
Complaint and continued to assert
affirmative defense that Plaintiff lackthe
capacityto sue.
(Pardo Declaration ; Pardo Declaration
Exhibit
Throughout this case aint has never
designated conservator or guardian
litem legally represent her person given
theC.C.P designation
ParDeclaration 11; Pardo Declaration
Exhibit at
n September 26, 2019, the Court granted
Plaintiff ounse tion to W thdr
(Pardo Declaration ; Pardo
Declaration Exhibi
Plaintiff is now self represented has
establis C.P. signationand is
without a conservator, guardian ad lite , or
legal counsel.
Pardo Declaration
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UE PLAINTIFF’S PRAYER FOR ATTORNEYFEES & COST ON THE ELDER
ABUSE CLAIMIS WITHOUT MER IT
Plaintiff s prayer for attorney s fees pursuant to California lfare nstitutions Code
also h as no meritas there are no triable issu e as to any material fact against the Golden
Living Defendantsecause Plain tiff has noeviden ce that: (1) the moving efendants committed
elder abuse. Absent thenecessar intent the Golden Living Defendants are entitled to judgment as
a matter of law, or at least,to ummary djudication on theissue o f prayer for attorney s fees for
this particular claim.
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
laintiff imary allegation agains the
Golden L ing Defendants is the fol lowin
“While under th care and treatment of
PERRY JOHNSON ANDERSON
GLC FRESNO, BROWN suffered a broken
MOSKOWITZ LLP
eg due to the lack of care provided by GLC
FRESNO staff.”
Declaration of Oscar A. Parher nafter
MILLER
Pardo Declarat 1; Pardo Declaration
Exhi bit at 16)
ter, n April 2013, BROWN was
ansferred to G CLOVIS.”
(Pardo Declaration ; Pardo Declaration
Exhibit at
December 16 and 22nd
respectively Golden L ving Defendant
ceased their respective operations of olden
LivingCenter Fresno and Golden
LivingCenter Clovisand turned the care
duties over tonew opera endant
cora Transitional Health ovis LLC and
cora TransitionalHea resno LLC
Pardo Declaration 5; Pardo
Declarations xhibits and
(redacted)).
laintiff filed her mplaint Novemb
(Pardo Declaration ; Pardo Declaration
Exhibit ).
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
Her complaint allege Elder Abuse,
iolation of Patient’s Rights (Health &
Safety Code §1430(b)) and Professional
Negligence against theGol den Living
Defendantsand other d efendan
(Pardo Declaration ; Pardo Declaration
Exhibit
Plaintiff and her prior co nsel have been
discovery and ecure
informationand documents to assist in
establishin er claim against the olden
Living efendants
Pardo Declaration
ever Plaintiff has conducted no
discovery to date. With an impending
PERRY JOHNSON ANDERSON
uary tria datePlaintiff has thus
MOSKOWITZ LLP
far secured dence to support any of the
allegations raised against theGolding Living
Defendants
MILLER
Pardo Declaration
Plaintiff has contin argued that
rsuant to alifornia Code of Civil
dure , she lack the
legal capacity to make decisions
Pardo Declaration do Declaration
Exhibit at 1)
denying the G lden Living Defendants
emurrer, the urt acknowledgedand
accepted Plaintiff propositionin stating
Pla ntiffhas allege at she
was uble t ommunicate
and was insane for the
purposes of ction 352
which is essentially the same
as allegingthat she lacked
the legal capacityto make
decisions such a filing a
lawsuit (Emphasis added)
Pardo eclaration ; Pardo
Declaration Exhibit
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
The G lden ing Defen ants answered the
Complaint and continued to assert
affirmative defense that Plaintiff lackthe
capacityto sue.
(Pardo Declaration ; Pardo Declaration
Exhibit
Throughout this case aintiff has never
designated conservator or guardian
litem legally represent her person given
theC.C.P designation
(ParDeclaration 11; Pardo Declaration
Exhibit at
n September 26, 2019, the urt grant
Plaintiff ounse tion to W thdr
(Pardo Declaration ; Pardo
PERRY JOHNSON ANDERSON
Declaration Exhibi
MOSKOWITZ LLP
Plaintiff is now self represented has
establis C.P. signationand is
without a conservator, guardian ad lite , or
MILLER
legal cnsel.
(Par claration
SSUE PLAINTIFF’S PRAYER FOR ATTORNEYFEES & COST ON EALTH &
SAFETY CODE §1430(B) CLAIMIS WITHOUT MER IT
laintiff s prayer for attorney s fees pursuant to Californi ealth & Safety Code
1430(b) as no merit s there are no tr ble issue as to any material fact against the Golden
Living Defendantsecause Plain tiff has noevidence that: (1) the moving efendants committed
violations of the Plaintif s rights bse the necessary intent the Golden Living Defe ndants are
enti led to judgment as a matter of law, or at least, to summary djudication on theissue o f prayer
r attorney s feesfor thi articular claim
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
laintiff imary all gation agains the
Golden L ing Defendants is the following
“While under th care and treatment of
GLC FRESNO, BROWN suffered a broken
eg due to the lack of care provided by GL
FRESNO staff.”
Declaration of Oscar A. Pardo, hereinafter
Pardo Declarat 1; Pardo Declaration
Exhi bit at 16)
ter, n April 2013, BROWN was
ansferred to G CLOVIS.”
(Pardo Declaration ; Pardo Declaration
Exhibit at
December 16 and 22nd
respectively Golden L ving Defendant
PERRY JOHNSON ANDERSON
MOSKOWITZ LLP
ceased their respective operations of olden
LivingCenter Fresno and Golden
LivingCenter Clovisand turned the care
duties over tonew opera endant
cora Transitional Health ovis LLC and
MILLER
cora Transitional Health resno LLC
Pardo Declaration 5; Pardo
Declarations xhibits and
(redacted)).
laintiff filed her mplaint Novemb
(Pardo Declaration ; Pardo De claration
Exhibit ).
Her complaint allege Elder Abuse,
Violation of Patient’s Rights (Health &
Safety Code §1430(b)) and Professional
Negligence against theGol den Living
Defendantsand other d efendan
(Pardo Declaration ; Pardo Declaratio
Exhibit
DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE,
MMARY ADJUDICATION
UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING
SUPPORTING EVIDENCE EVIDENC
Plaintiff and her prior co nsel have been
discovery and ecure
informationand documents to assist in
establishin er claim against the olden
Living efendants
Pardo Declaration
ever Plaintiff has con ted no
dis overy to date. With an impending
uary 20 tria l datePlaintiff has thus
far secured dence to support any of the
allegations raised against theGolding Living
Defendants
Pardo Declaration
Plaintiff has contin argued that
rsuant to alifornia Code of Civil
dure , she lack the
PERRY JOHNSON ANDERSON
legal capacity to make decisions
MOSKOWITZ LLP
Pardo Declaration do Declaration
Exhibit at 1)
MILLER
Preview
DAVID F. BEACH, ESQ. (SBN 127135) OSCAR A. PARDO, ESQ (SBN 249955) PERRY, JOHNSON, ANDERSON, MILLER & MOSKOWITZ, LLP 438 First Street, Fourth Floor Santa Rosa, CA Telephone: (707) 525-8800 Facsimile: (707) 545-8242 Attorney for Defendants BEVERLY HEALTHCARE-CALIFORNIA, INC. dba GOLDEN LIVINGCENTER FRESNO ; BEVERLY HEALTHCARE CALIFORNIA, INC. dba GOLDEN LIVINGCENTER CLOVIS SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO JOSIE MAE BROWN, individually, CASE No. 17CECG04065 PERRY JOHNSON ANDERSON Plaintiff, Unlimited Civil Action MOSKOWITZ LLP Assigned to Hon. Jeffrey Y. Hamilton vs. DEFENDANT SEPARATE STATEMENT BEVERLY HEALTHCARE CALIFORNIA, OF UNDISPUTED MATERIAL FACTSIN INC. dba GOLDEN LIVINGCENTER MILLER FRESNO; BEVERLY HEALTHCARE, INC. dba SUPPORT OF MOTION FOR SUMMARY GOLDEN LIVINGCENTER – CLOVIS, and JUDGMENT, OR IN THE ALTERNATIVE, OES 1 through 200, inclusive, SUMMARY ADJUDICATION Defendants ComplaintFiled: November 27, 2017 Trial Date: January 27, 2020 Date: January 7, 2020 Time: 3:30 p.m. Dept.: 501 Moving parties, Defendants BEVERLY HEALTHCARE CALIFORNIA, INC. dba LDEN LIVINGCENTERFRESNO and BEVERLY HEALTHCARE CALIFORNIA, INC. dba GOLDEN LIVINGCENTERCLOVIS (hereinafter “Defendants” or Golden Living”) hereby submit the following Separate Statement of Undisputed Material Facts and References to Evidence in support of their Motion for Summary Judgment, or in the alternative, Summary Adjudication, as to all causes of action. This Separate Statement of Undisputed Material Facts is filed pursuant to Code of Civil Procedure (“CCP”) section 437(c)(b)(1), and is in compliance with California Rules of Court 3.1350(c)(2). DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION The undisputed material facts set forth herein include every essential element to establish no triable issue existsas to any material fact, and that Defendants are entitled to judgment as a matter of law as to Plaintiff JOSIE MAE BROWN’S Complaint. SSUE 1: PLAINTIFF’S PROFESSIONAL NEGLIGENCE CLAIM AGAINST THE GOLDEN LIVING DEFENDANTS IS BARRED AS A MATTER OF LAW UPPORTED BMATERIAL FACTS TheFirst Cause of on for Elder Abuse all eged agains Golden Living Defendants should be dis sed as a matter of lawfor the fo llowing reasons: Pursuant to Cali fornia Code of Civil Procedure Plaintiff does not have the capacityto sue ; and Plaintiff elder abuse claim barred by the app licable statutes of limitations, Codes of Civil Procedure340.5 and as the op erativeComplaint was filed more than four PERRY JOHNSON ANDERSON ears after the alleged injury; an MOSKOWITZ LLP Plaintiff elder abuse claim has no merit as there is no triable issue of material fact gainsthe Golden Living Defendants becausePlaintif a) hasno evidence that was MILLER physicallyabused or negl ected, (b) has noevid ence of recklessness, malice, oppression or fraud and (c) she hasno evidence that the Golden L vingDefendants caus ed her any h sent the necessary aterial factsor c ures for the procedural defects identified above, the Golden LivingDefendants are entit led to judgment as a matter of law, or at minimumto s ummary adjudication the issue of Elder A buse UNDISPUTED M TERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC laintiff imary allegation agains the Golden L ing Defendants is the following While under th car e andtreatment of GLC FRESNO, BROWN suffered a broken eg due to the lack of care provided by GLC FRESNO staff.” Declaration of Oscar A. Pardo, hereinafter Pardo Declarat 1; Pardo Declaration Exhi bit at DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED M TERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC ter, n April 2013, BROWN was ansferred to G CLOVIS.” (Pardo Declaration ; Pardo Declaration Exhibit at December 16 and 22nd respectively Golden L ving Defendant ceased their respective operations of olden LivingCenter Fresno and Golden ivingCenter Clovisand turned the care duties over tonew opera endant cora Transitional Health ovis LLC and cora Transitional Health resno LLC Pardo Declaration 5; Pardo Declarations xhibits and (redacted) PERRY JOHNSON ANDERSON laintiff f led her mplaint Novemb MOSKOWITZ LLP (Pardo Declaration ; Pardo Declaration Exhibit MILLER Her complaint allege Elder Abuse, Violation of Patient’s Rights (Health & Safety Code §1430(b)) and Professional Negligence against theGol den Living endantsand other d efendan (Pardo Declaration ; Pardo Declaration Exhibit Plaintiff and her prior co nsel have been discovery and ecure informationand documents to assist in establishin er claim agains the olden iving efendants Pardo Declaration ever Plaintiff has conducted no discovery to date. With an impending uary 20 tria l datePlaintiff has thus far secured dence to support any of the allegations raised against t lding Living Defendants Pardo Declaration Plaintiff has contin argued that rsuant to alifornia Code of Civil DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED M TERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC dure , she lack the legal capacity to make decisions Pardo Declaration do Declaration Exhibit 1) denying the G lden Living Defendants emurrer, the urt acknowledgedand accepted Plaintiff propositionin stating Plaintiff has allege at she was uble t ommunicate and was insane for the purposes of ction 352 which isess entially the same as allegingthat she lacked the legal capacityto make decisions such a filing a lawsuit (Emphasis added) Pardo Declaration ; Pardo PERRY JOHNSON ANDERSON MOSKOWITZ LLP Declaration Exhibit The G lden ing Defen ants answered the Complaintand continued t o assert affirmative defense that Plaintiff lackthe MILLER capacityto sue. (Pardo Declaration ; Pardo Declaration Exhibit Throughout this case aintiff has never designated conservator or guardian litem legally represent er person iven theC.C.P designation (ParDeclaration 11; Pardo Declaration Exhibit at n September 26, 2019, the Court granted Plaintiff ounse tion to W thdr (Pardo Declaration ; PardoDeclaration Exhibi Plaintiff is now self represented has establis C.P. signationand is without a conservator, guardian ad lite , or legal counsel. (Pardo Declaration DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION SSUE PLAINTIFF’S ELDER ABUSECLAIM AGAINST THE GOLDEN LIV ING DEFENDANTS BARR ED S A MATTER OF LAW UPPORTED B MATERIAL FACTS The Second Cause of tion for N glig ce against the Golden LivingDefendants should be dis sed as a matter of lawfor the fo wing reasons: Pursuant to Cali fornia Code of vil Procedu Pla intiffdoes not have the capacityto sue ; and Plaintiff negligence claim barred by t he applicable statutes of limitations, Codes of Civil Procedure 340.5 and as the op erativeComplaint was filed more than four y ear ter the alleged injury Plaintiff negligence claim hasno merit as there is no triable issue of material fact against the Golden LivingDefendants becauseshe has no evidence that the Golden Living Defendants caused her any harm. PERRY JOHNSON ANDERSON MOSKOWITZ LLP sent thnecessary terial acts or cures the procedural defects identified above, the Golden LivingDefendants are entit d to judgment as a matter of law, or at minimumto ummary MILLER adjudication the issue of Negligence UNDISPUTED MATERIAL FACTS AND SPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC laintiff imary allegation agains the Golden L ing Defendants is the following “While under th care and treatment of GLC FRESNO, BROWN suffered a broken eg due to the lack of care provided by GLC FRESNO staff.” Declaration of Oscar A. Pardo, hereinafter Pardo Declarat 1; Pardo Declaration Exhi bit at 16) ter, n April 2013, BROWN was ansferred to G CLOVIS.” (Pardo Declaration ; Pardo Declaration Exhibit at DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED MATERIAL FACTS AND SPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC December 16 and 22nd respectively Golden L ving Defendant ceased their respective operations of olden LivingCenter Fresno and Golden LivingCenter Clovisand turned the care duties over toew opera endant cora Transitional Health ovis LLC and cora Transitional Health resno LLC Pardo Declaration 5; Pardo Declarations xhibits and (redacted)). laintiff filed her mplaint Novemb (Pardo Declaration ; Pardo Declaration Exhibit Her complaint allege Elder Abuse, Violation of Patient’s Rights (Health & PERRY JOHNSON ANDERSON MOSKOWITZ LLP Safety Code §1430(b)) and Professional Negligence against theGol den Living Defendantsand other d efendan (Par eclaratio ; Pardo Declaration MILLER Exhibit Plaintiff and her prior co nsel have been discovery and ecure informationand documents to assist in establishin er claim against the olden Living efendants Pardo Declarati ever Plaintiff has conducted no discovery to date. With an impending uary 20 tria l datePlaintiff has thus far secured dence to support any of the allegations raised against theGolding Living Defendants Pardo Declarati Plaintiff has contin argued that rsuant to alifornia Code of Civil dure , she lack the legal capacity to make decisions Pardo Declaration do Declaration Exhibit at 1) DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED MATERIAL FACTS AND SPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC denying the G lden Living Defendants emurrer, the urt cknowledgedand accepted Plaintiff propositionin stating Plaintiff has allege at she was uble t ommunicate and was insane for the purposes of ction 352 which is essentially the same as allegingthat she l acked the legal apacityto make decisions such a filing a lawsuit (Emphasis added) Pardo Declaration ; Pardo Declaration Exhibit The G lden ing Defen ants answered the Complaint and continued to assert affirmative defense that Plaintiff la the capacityto sue. PERRY JOHNSON ANDERSON MOSKOWITZ LLP (Pardo Declaration ; Pardo Declaration Exhibit Throughout this case aintiff has never MILLER designated conservator or guardian litem legally represent her person given theC.C.P design ation (ParDeclaration 11; Pardo Declaration Exhibit at n September 26, 2019, the Court granted Plaintiff ounse tion to W thdr (Pardo Declaration ; Pardo Declaration Exhibi Plaintiff is now self represented has stabl C.P. signationand is without a conservator, guardian ad lite , or legal counsel. (Pardo Declaration DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION SSUE PLAINTIFF’S VIOLATION OF RESIDENTS RIGHTS CLAIM AGAINST THE GOLDEN LIVING DEFENDANTS IS BARRED AS A MATTER OF UPPORTED MATERIAL FACTS UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC laintiff imary allegation agains the Golden L ing Defendants is the following “While under th care and treatment of GLC FRESNO, BROWN suffered a broken eg due to the lack of care provided by GLC FRESNO staff.” Declaration of Oscar A. Pardo, hereinafter Pardo Declarat 1; Pardo Declaration Exhi at 16) ter, n April 2013, BROWN was ansferred to G CLOVIS.” PERRY JOHNSON ANDERSON MOSKOWITZ LLP (Pardo Declaration ; Pardo Declaration Exhibit at December 16 and 22nd MILLER respectively Golden L ving Defendant ceased their respective perations of olden LivingCenter Fresno and Golden LivingCenter Clovisand turned the care duties over tonew opera endant cora Transitional Health ovis LLC and cora Transitional Health resno LLC Pardo Declaration 5; Pardo Declarations hibits and (redacted)). laintiff iled her mplaint Novemb (Pardo Declaration ; Pardo Declaration Exhibit ). Her complaint allege Elder Abuse, Violation of Patient’s Rights (Health & Safety Code §1430 )) and Professional Negligence against theGol den Living Defendantsand other d efendan (Pardo Declaration ; Pardo Declaration Exhibit DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC Plaintiff and her prior co nsel have been discovery and ecure informationand documents to assist in establishin er claim against the olden Living efendants Pardo Declaration ever Plaintiff has conducted no discovery to date. With an impending uary 20 tria l datePlaintiff has thus far secured dence to s any of the allegations raised against theGolding Living Defendants Pardo Declaration Plaintiff has contin argued that rsuant to alifornia Code of Civil dure , she lack the PERRY JOHNSON ANDERSON legal capacity to make decisions MOSKOWITZ LLP Pardo Declaration do Declaration Exhibit at 1) MILLER denying the G lden Living Defendants emurrer, the urt acknowledgedand accepted Plaintiff propositionin stating Plaintiff has allege at she was uble t ommunicate as insane forthe purposes of ction 352 which is essentially the same as allegingthat she lacked the legal capacityto make decisions such a filing a lawsuit (Emphasis added) Pardo Declaration ; Pardo Declaration Exhibit The G lden ing Defen ants answered the Complaint and continued to assert affirmative defense that Plaintiff lackthe capacityto sue. (Pardo Declaration ; Pardo Declaration Exhibit Throughout this case aintiff has never designated con servator or rdian litem legally represent her person given DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC the C.C.P designation (ParDeclaration 11; Pardo Declaration Exhibit at n September 26, 2019, the Court granted Plaintiff ounse tion to W thdr (Pardo Declaration ; Pardo Declaration Exhibi Plaintiff is now self represented has establis C.P. signationand is without a conservator, guardian ad lite , or legal counsel. (Pardo Declaration PERRY JOHNSON ANDERSON SSUE PLAINTIFF’S PRAYER FOR VE D MAGES IS WITHOUT MERIT MOSKOWITZ LLP Plaintiff’sprayer for punitive damages has merit and there is no triable issue as any material fact against the G ing ving Defendants causePlaintiff as no evidence(1) that MILLER moving efe nts physically abused neglected her (2) malice, oppression or fraud by moving efendant that moving efendant caused laintiff njuries. Absent the necessar intent, the G lden Living Defendants areentitled to judgment as a matter of law, or, at the least, summary adjudication the issue prayer for punitive damages. UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC laintiff imary allegation agains the Golden L ing Defendants is the following “While under th care and treatment of GLC FRESNO, BROWN suffered a broken eg due to the lack of care provided by GLC FRESNO staff.” Declaration of Oscar A. Pardo, hereinafter Pardo Decla 1; Pardo Declaration Exhi bit at 16) DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC ter, n April 2013, BROWN was ansferred to G CLOVIS.” (Pardo Declaration ; Pardo Declaration Exhibit at December 16 and 22nd respectively Golden L ving enda ceased their respective operations of olden LivingCenter Fresno and Golden LivingCenter Clovisand turned the care duties over tonew opera endant cora Transitional Health ovis LLC and cora Transitional Health resno LLC Pardo ecl ration 5; Pardo Declarations xhibits and (redacted)). laintiff filed her mplaint Novemb PERRY JOHNSON ANDERSON MOSKOWITZ LLP (Pardo Declaration ; Pardo Declaration Exhibit ). Her complaint allege Elder Abuse, MILLER Violation of Patient’s Ri hts (Health & Safety Code §1430(b)) and Professional Negligence against theGol den Living Defendantsand other d efendan (Pardo Declaration ; Pardo Declaration Exhibit Plaintiff and her prior co nsel have been discovery and ecure informationand documents to assist in establishin er claim against the olden Living efendants Pardo Declaration ever Plaintiff has conducted no discovery to date. With an impending uary 20 tria l datePlaintiff has far secured dence to support any of the allegations raised against theGolding Living Defendants Pardo Declaration DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC Plaintiff has contin argued that rsuant to alifornia Code of Civil dure , she lack al capacity to make decisions Pardo Declaration do Declaration Exhibit at 1) denying the G lden Living Defendants emurrer, the urt acknowledgedand accepted Plaintiff propositionin stating Plaintiff has allege at she ble t ommunicate and was insane for the purposes of ction 352 which is essentially the same as allegingthat she lacked the legal capacityto make decisions such a filing a lawsuit (Emphasis added) PERRY JOHNSON ANDERSON MOSKOWITZ LLP Pardo Declaration ; Pardo ecla ation Exhibit The G lden ing Defen ants answered the MILLER Complaint and continued to assert affirmative defense that Plaintiff lackthe capacityto sue. (Pardo Declaration ; Pardo Declaration Exhibit Throughout this case aint has never designated conservator or guardian litem legally represent her person given theC.C.P designation ParDeclaration 11; Pardo Declaration Exhibit at n September 26, 2019, the Court granted Plaintiff ounse tion to W thdr (Pardo Declaration ; Pardo Declaration Exhibi Plaintiff is now self represented has establis C.P. signationand is without a conservator, guardian ad lite , or legal counsel. Pardo Declaration DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UE PLAINTIFF’S PRAYER FOR ATTORNEYFEES & COST ON THE ELDER ABUSE CLAIMIS WITHOUT MER IT Plaintiff s prayer for attorney s fees pursuant to California lfare nstitutions Code also h as no meritas there are no triable issu e as to any material fact against the Golden Living Defendantsecause Plain tiff has noeviden ce that: (1) the moving efendants committed elder abuse. Absent thenecessar intent the Golden Living Defendants are entitled to judgment as a matter of law, or at least,to ummary djudication on theissue o f prayer for attorney s fees for this particular claim. UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC laintiff imary allegation agains the Golden L ing Defendants is the fol lowin “While under th care and treatment of PERRY JOHNSON ANDERSON GLC FRESNO, BROWN suffered a broken MOSKOWITZ LLP eg due to the lack of care provided by GLC FRESNO staff.” Declaration of Oscar A. Parher nafter MILLER Pardo Declarat 1; Pardo Declaration Exhi bit at 16) ter, n April 2013, BROWN was ansferred to G CLOVIS.” (Pardo Declaration ; Pardo Declaration Exhibit at December 16 and 22nd respectively Golden L ving Defendant ceased their respective operations of olden LivingCenter Fresno and Golden LivingCenter Clovisand turned the care duties over tonew opera endant cora Transitional Health ovis LLC and cora TransitionalHea resno LLC Pardo Declaration 5; Pardo Declarations xhibits and (redacted)). laintiff filed her mplaint Novemb (Pardo Declaration ; Pardo Declaration Exhibit ). DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC Her complaint allege Elder Abuse, iolation of Patient’s Rights (Health & Safety Code §1430(b)) and Professional Negligence against theGol den Living Defendantsand other d efendan (Pardo Declaration ; Pardo Declaration Exhibit Plaintiff and her prior co nsel have been discovery and ecure informationand documents to assist in establishin er claim against the olden Living efendants Pardo Declaration ever Plaintiff has conducted no discovery to date. With an impending PERRY JOHNSON ANDERSON uary tria datePlaintiff has thus MOSKOWITZ LLP far secured dence to support any of the allegations raised against theGolding Living Defendants MILLER Pardo Declaration Plaintiff has contin argued that rsuant to alifornia Code of Civil dure , she lack the legal capacity to make decisions Pardo Declaration do Declaration Exhibit at 1) denying the G lden Living Defendants emurrer, the urt acknowledgedand accepted Plaintiff propositionin stating Pla ntiffhas allege at she was uble t ommunicate and was insane for the purposes of ction 352 which is essentially the same as allegingthat she lacked the legal capacityto make decisions such a filing a lawsuit (Emphasis added) Pardo eclaration ; Pardo Declaration Exhibit DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC The G lden ing Defen ants answered the Complaint and continued to assert affirmative defense that Plaintiff lackthe capacityto sue. (Pardo Declaration ; Pardo Declaration Exhibit Throughout this case aintiff has never designated conservator or guardian litem legally represent her person given theC.C.P designation (ParDeclaration 11; Pardo Declaration Exhibit at n September 26, 2019, the urt grant Plaintiff ounse tion to W thdr (Pardo Declaration ; Pardo PERRY JOHNSON ANDERSON Declaration Exhibi MOSKOWITZ LLP Plaintiff is now self represented has establis C.P. signationand is without a conservator, guardian ad lite , or MILLER legal cnsel. (Par claration SSUE PLAINTIFF’S PRAYER FOR ATTORNEYFEES & COST ON EALTH & SAFETY CODE §1430(B) CLAIMIS WITHOUT MER IT laintiff s prayer for attorney s fees pursuant to Californi ealth & Safety Code 1430(b) as no merit s there are no tr ble issue as to any material fact against the Golden Living Defendantsecause Plain tiff has noevidence that: (1) the moving efendants committed violations of the Plaintif s rights bse the necessary intent the Golden Living Defe ndants are enti led to judgment as a matter of law, or at least, to summary djudication on theissue o f prayer r attorney s feesfor thi articular claim DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC laintiff imary all gation agains the Golden L ing Defendants is the following “While under th care and treatment of GLC FRESNO, BROWN suffered a broken eg due to the lack of care provided by GL FRESNO staff.” Declaration of Oscar A. Pardo, hereinafter Pardo Declarat 1; Pardo Declaration Exhi bit at 16) ter, n April 2013, BROWN was ansferred to G CLOVIS.” (Pardo Declaration ; Pardo Declaration Exhibit at December 16 and 22nd respectively Golden L ving Defendant PERRY JOHNSON ANDERSON MOSKOWITZ LLP ceased their respective operations of olden LivingCenter Fresno and Golden LivingCenter Clovisand turned the care duties over tonew opera endant cora Transitional Health ovis LLC and MILLER cora Transitional Health resno LLC Pardo Declaration 5; Pardo Declarations xhibits and (redacted)). laintiff filed her mplaint Novemb (Pardo Declaration ; Pardo De claration Exhibit ). Her complaint allege Elder Abuse, Violation of Patient’s Rights (Health & Safety Code §1430(b)) and Professional Negligence against theGol den Living Defendantsand other d efendan (Pardo Declaration ; Pardo Declaratio Exhibit DEFENDANTS’ NOTICE OFMOTION FOR SUMMARY JUDGMENT, OR IN T HE ALTERNATIVE, MMARY ADJUDICATION UNDISPUTED MATERIAL FACTS AND RESPONSE AND SUPPORTING SUPPORTING EVIDENCE EVIDENC Plaintiff and her prior co nsel have been discovery and ecure informationand documents to assist in establishin er claim against the olden Living efendants Pardo Declaration ever Plaintiff has con ted no dis overy to date. With an impending uary 20 tria l datePlaintiff has thus far secured dence to support any of the allegations raised against theGolding Living Defendants Pardo Declaration Plaintiff has contin argued that rsuant to alifornia Code of Civil dure , she lack the PERRY JOHNSON ANDERSON legal capacity to make decisions MOSKOWITZ LLP Pardo Declaration do Declaration Exhibit at 1) MILLER