complaint·April 20, 2023

The investigation reveals the following: Regarding "Illegal Eviction", it is alleged that the facility want to evict resident R1, if they do not enroll in the Assisted Living Waiver program. The administrator denied evicting residents who are not on the assisted waiver program and confirmed the two recent evictions are based on breaking house rules. S1 stated they were present during the altercation but did not see which resident started the altercation. S1 and S2 both stated that they heard R1 asking someone on the phone to bring a gun to the facility and they contacted police. R1 confirmed punching R2 first due to R2 acting aggressively but denied mentioning a gun during the altercation. R1 also stated R2 had made threats before but they never reported those incidents to staff. R2 denied receiving an eviction notice and stated R1 started the physical altercation. R3 through R5 stated they were not witnesses to the start of the altercation and arrived at the end. R6 stated R2 started the physical altercation by hitting R1 first. LPA reviewed the cameras and observed R1 hitting R2 when R2 raised up from wheelchair. The house rules state the following” All residents will treat other residents and staff with respect free from verbal or physical abuse of any kind and free of coercion and intimidation. Therefore, physically, and verbally abusive behavior or intimidation with physical and verbal threats will not be tolerated. LPA observed the reason for the eviction is due to aggressive and physical behavior towards residents and verbally abusing staff and other residents. Although the reasons maybe valid but the eviction notice does not meet SB 781 and the health and safety code 1569.683. The eviction notice failed to indicate resources available to assist the residents in identifying alternative housing and care options, including public and private referral services and case management organizations. Based on LPA's observation, interviews, and file review the investigation revealed: Although the allegation may have happened or is valid, the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be Substantiated . Exit interview conducted with Ana Giron and a copy of this record and appeals rights provided .