complaint·September 13, 2024

On September 4, 2024, LPA Miller communicated with Ventura via telephone and sent an email communication to summarize the requirements of the eviction notice dated August 31, 2024. LPA Miller advised Ventura that the eviction notice was not valid. As such, Ventura was required to revise and reissue the eviction notice with a new effective date. Merla was advised that pursuant to Title 22 Section 87224(d) Eviction procedures, states in part that “the licensee shall set forth in the notice to quit the reasons relied upon for the eviction with specific facts to permit determination of the date, place, witnesses, and circumstances concerning those reasons.” Ventura was further advised that, pursuant to Title 22 Section 87224(d)(1)(D) Eviction procedures, you must include the following exact statement in the eviction notice, as specified in Health and Safety Code Section 1569.683(a)(4): "In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing." On September 9, 2024, administrator submitted a revised eviction notice for review by CCLD. Administrator was advised that the notice remained non-complaint and that R1 is under no obligation to vacate the premises. Administrator was advised that she may rescind the eviction notice in writing, previously issued, or reissue a revised eviction notice that met all requirements. During the complaint visit, Administrator advised LPA that a new eviction notice dated September 10, 2024, was provided to R1. Administrator only provided copy of notice at the time of complaint visit. R1 stated that she did not receive the eviction notice dated September 10, 2024. R1 provided a copy of eviction notices dated August 1, 2024 and August 31, 2024. LPA noted that Administrator did not provide CCL a copy of the eviction notice dated August 1, 2024. Based on LPAs observations and interviews which were conducted and record review(s), the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations are being cited on the attached LIC 9099-D. An Exit interview conducted and a copy of this report issued.