The People of the State of California, City of San Diego v. Yuk Yuen Yu, Beatrice Yu, Ming Shuw Lin, also known as Michelle Lin, Mark Rogers, and Does 1 through 50, inclusive
Published: Apr. 23, 2021 | Result Date: Jun. 5, 2020 | Filing Date: Nov. 12, 2019 |Case number: 37-2019-00060012-CU-MC-CTL Settlement – $267,140
Judge
Court
San Diego County Superior Court
Attorneys
Plaintiff
Paul F. Prather
(Office of the San Diego City Attorney)
Mara W. Elliott
(Office of the San Diego County City Attorney)
Defendant
Robert C. Martinez
(Law Offices of Robert C. Martinez)
Eric W. Ching
(Ching & Seto, APC)
Yuk for Yuen Yu and Beatrice Yu
Douglas A. Oden
(Oden & Greene)
for Mark Rogers
Facts
A San Diego property had been operating as an independent living facility (ILF). ILFs provide housing to elderly and dependent adults who can live independently and function without supervision or medication oversight. When City investigators inspected the property, they found multiple Health and Safety Code violations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants' violated California's Unfair Competition Law, caused maintenance of a public nuisance, and violated the San Diego Municipal Code when Defendants' provided substandard housing endangering vulnerable residents.
DEFENDANTS' CONTENTIONS: Defendants' denied the contentions. Defendants Yu Yuen Yu and Beatrice Yu are over the age of 80 and reside in Hong Kong. Defendants Yu Yuen Yu and Beatrice Yu had no knowledge the property was being used as an ILF.
Result
The property owners were ordered to pay $267,140 in civil penalties, relocation benefits and costs with $36,000 set aside for restitution to the victims. Failure to comply will result in an additional $1,124,000 in civil penalties. The property owners, manager, and operator were prohibited from operating or maintaining an unlicensed Community Care Facility or Residential Care Facility for the elderly anywhere in the County of San Diego.
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