complaint·December 23, 2025

the facility obtained an updated physician assessment which diagnosed R1 with Dementia and stated they were unable to leave the facility unassisted. That same day, R1 moved to another licensed facility and received a new medical assessment showing R1 did not have Dementia and was able to manage their own affairs. Resident 2 (R2) was admitted into the facility on February 08, 2024. Per physician report dated February 04, 2024, R1 has a diagnosis of Dementia and is unable to leave the facility unassisted. DPOA for R2 designates financial Fiduciary Jeffrey Siegle as the agent for resident; however, R2 denies knowledge of the agent. Bank statements for R1 were subpoenaed for San Diego Credit Union Bank (SDCU) and U.S Bank (USB). In July of 2023, Westphaln was added to R1’s SDCU account as the trustee. On July 28, 2023, a $100K check from R1’s US Bank checking account was made payable to CFO Westphaln with no memo regarding what the check was issued for. On August 2, 2024, Westphaln deposited a check for $25K to the US bank joint account. The check was made payable to herself and check images obtained showed the check is from Westphaln’s personal Capital One account. Based on the information and documentation available, the $100K check was deposited into Westphaln’s Capital One checking account and then later transferred back $25K into the joint account at US Bank. Per bank records subpoenaed and information available, on August 8, 2023, Westphaln added R1 to the her money market account with U.S bank and their primary address was listed as same as Westphaln’s personal address. On November 21, 2023, and March 13, 2024, an additional $25K and $480K were deposited. Funds transferred were from R1’s SDCU account. In total, R1 funded this joint account approximately $605K. Per records reviewed, multiple suspicious transactions and activities were observed including: checks written and signed by Westphaln paid to various individuals and vendors whom R1 had no knowledge of; electronic withdrawals to pay various credit card payments for Westphaln’s personal expenses; and payments made to the County of Orange for Westphaln’s home address. Multiple checks were made out for home repairs for R1’s home in the amount of $61,876. Upon interview, R1 denied knowledge of the vendors paid or authorizing the checks. Additionally, Witnesses and R1 state the repairs to R1’s home were never done. Electronic payments were made to Wells F argo, Chase, American Express credit cards, and payment to Hyundai Motor Finance for $24,299.03. R1 denied purchasing a Hyundai vehicle as well as owning credit cards with the aforementioned companies. Per R1, they only have one credit card with Discover. Financial records for R2 were subpoenaed, reviewed and analyzed for the period between January 2024 to April 2025. Upon review, suspicious transactions were observed including multiple credit purchases made in retail shops, stores and restaurants in the town where Westphaln’s primary’s residence is located at and surrounding areas. The suspicious purchases on R2’s statements were reviewed by R2 and their attorney who denied the purchases were made by R2. It was revealed that dozens of purchases were fraudulently made including purchases to high end stores in amounts ranging from $1000 to $8000; grocery store purchases; and payments made to a physician in which R2 had no knowledge of. Bank statements showed that Westphaln had used multiple Chase credit cards belonging to R2 to make personal purchases and transferred money from R2’s Bank of America account to pay for the purchases. R2’s Chase Account noted funds had been used to purchase Crypto coin. Per R2 and witness, the purchase of Crypto coin was not authorized. Emails obtained from R2’s personal email account revealed flight tickets purchased using 896,500 miles redeemed on R2’s Chase credit card. The tickets purchased were for a round trip flight from Los Angeles International Airport to Newark for the dates of December 27, 2024, through January 02, 2025. Per email confirmation obtained, the flight miles were redeemed for the following individuals: CFO Monica Westphaln, Licensee Moti Gamburd; Licensee’s family members Raissa Gamburd & Michelle Raz and Dr. Elaine Treystman. The retail price of the miles redeemed was estimated to be approximately $10,490.55. Per review of facility LIC 400 Affidavit Regarding Client/Resident Cash Resources, the facility will not handle resident’s cash resources. Based on subpoenaed bank records reviewed and interviews conducted, Westphaln financially abused R1 by various means totaling $266,308.39 & R2 was f inancially abused by various means totaling $98,693.20. Regarding the allegations that staff are not allowing residents to leave the facility and staff are not providing resident with requested documents, the investigation revealed the following: Documentation and interviews with resident and witnesses indicated R1 had been blocked from leaving the facility on multiple occasions from July 24, 2024, through January 23, 2025. On January 21, 2025, R1 was restricted from leaving with a visitor, after staff stated the resident could not leave due to having a DPOA. The DPOA, Jeffrey Siegle, was called around 12:00 PM and advised that R1 could leave. Despite this, R1 was still prevented from leaving by facility staff. At approximately 1:45 PM, R1 was finally allowed to leave the facility by staff. On January 22, 2025, R1 was not allowed to leave the facility with a visitor once again due to the wishes of the DPOA per management of the facility. On January 23, 2025, R1 attempted to leave the facility with a visitor and was again told the resident would be unable to leave. R1 and visitor met with the Ombudsman who informed facility staff that the R1 could leave per personal rights regulations. R1 was subsequently allowed to leave with the visitor. Seven out of nine witnesses state facility management regularly prohibited R1 from leaving the facility with visitors. R1 reported they had requested their personal records from the facility including their financial records on multiple occasions. R1 reported there was no response to the requests. On January 23, 2025, and January 24, 2025, R1 requested records again with a witness present and was not provided the records by the facility. Based on interviews conducted and records reviewed, the preponderance of evidence standard has been met, therefore the following allegations are deemed SUBSTANTIATED. California Code of Regulations, Title 22, Division 6, Chapter 8 is being cited on the attached LIC 9099D.