This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Business Law
Unfair Competition
False Advertising

The People of the State of California v. Santa Cruz Skilled Nursing Inc. dba Hearts & Hands, Post Acute Care & Rehab Center, Santa Cruz Skilled Nursing Center LLC, Sea Coast Health Care Management LLC, Vital Rehab Services Inc., Care Must Hospice, A.J. Rana, Trilochan Singh, and Does 1-50, inclusive

Published: Aug. 25, 2023 | Result Date: Apr. 11, 2023 | Filing Date: Sep. 12, 2019 |

Case number: 19CV02767 Settlement –  $102,584

Judge

Timothy R. Volkmann

Court

Santa Cruz County Superior Court


Attorneys

Plaintiff

Douglas B. Allen
(Office of the Santa Cruz County District Attorney)

Joel Samuels
(Office of the Attorney General)


Defendant

Scott J. Kiepen
(Hooper, Lundy & Bookman PC)


Facts

Santa Cruz Skilled Nursing, dba Hearts & Hands Post Acute & Rehab Center, is a nursing home. In September 2019, the California Department of Justice and District Attorney's Office filed a lawsuit in the Santa Cruz Superior claiming that Hearts and Hands violated Unfair Competition and False Advertising laws.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that in 2018, the California Department of Justice began looking into the facility after it received allegations of improper discharges, substance abuse, and inadequate staffing.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions, noting that they voluntarily agreed to the appointment of an independent monitor who had full access to their personnel and records.

Result

After three years of supervision by the independent monitor, the lawsuit has been completely resolved though part of the resolution involves defendant remaining under supervision for at least two more years and paying investigation costs ($52,584) and civil penalties ($50,000 immediately with $200,000 stayed unless defendant violates any settlement terms).


#141298

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390