complaint·August 8, 2025

(Continuation of LIC9099) When S1 went to see what the commotion was regarding, S1 found both R1 and R2 were face-to-face, confronting each other. S1 separated both R1 and R2, and they were directed to their rooms. S1 spoke with R1, who said R2 had hit them with a decorative figurine, which has since been removed. According to S1, they were informed that the incident had started earlier in the day, between R1 and Resident #3 (R3) during an activity. The facility had an activity that included the consumption of wine. According to S1, R1 usually attends this activity with friends, who bring their own alcohol. It had come to S1’s attention that R3 had made a comment to R1 regarding their heritage. According to an interview with R2, they said they had seen R1 argue with another unknown resident at the dining table, prior to leaving the dining area. After they left the dining area, they went to the elevator, and R1 called them an “asshole” and a “motherfucker.” R1 went towards them, with their motorized scooter, and ran into them while at the elevator. R2 then confirmed they retrieved a decorative ceramic figurine and hit R1 in the chin. R1 commenced to yell at them and then took the ceramic figurine with them so they can inform everyone what R2 had hit them with. R2 said that staff #3 (S3) came out of the employee’s lounge, and R2 informed them of the incident. Later, law enforcement came by to obtain statements, and since they defended themselves, they were not in trouble. According to Resident #3 (R3), they had seen R2 pouting in the dining area. When they asked what was wrong, they informed them that they had an incident with R1. Minutes later, R3 then accompanied R2 to their room, where law enforcement was waiting for them to obtain a statement. During this time, R1 passed by their room and did this approximately 3 times to intimidate them, but they were there to protect R2. Interviews were conducted with resident #4 (R4), who said they heard commotion but did not recall details. A review of records revealed that, since 2023, the resident has had numerous documented altercations, inebriations, and acts of aggression toward other residents. Photos revealed the residents’ bruising. R2 had bruising to the inner thigh of their right leg. R1 had bruising to the bottom left side of their chin. The facility provided the resident and the RP with a violation notice of the rules, dated April 3, 2025. While a care conference had been scheduled with R1’s responsible party after the alleged incident, there were no documented attempts by the facility to address R1’s known aggression and/or behavioral expressions over the prior 2 years. LPA reviewed R1’s file again on August 8, 2025, and there were no updated information as to the updates to R1’s care plan. The Department requested law enforcement reports but there were no responsive records for this incident. (Continuation on LIC9099-C) (Continuation of LIC9099-C) Based on the Department’s investigation of the above-mentioned allegation and the evidence obtained during staff and outside source interviews, and records reviewed, there is sufficient evidence to meet the preponderance of evidence standard. Therefore, the above allegation is deemed to be substantiated. California Code of Regulations, Title 22, Division 6, Chapter 8, is being cited on the attached LIC9099-D. The report was discussed, plan of correction was jointly developed, and an exit interview was conducted with Abraham Botello, Executive Director. A copy of this report, along with Licensee/Appeal Rights (LIC9058 3/22), and immediate Civil Penalties were assessed and provided to Executive Director Botello at the conclusion of the visit. The signature below confirms the receipt of these documents. This is an amended version to an original report delivered on 08/08/2025.