Complaint·September 24, 2025

It was alleged that Resident #1 (R1) and/or their POA was issued an unlawful eviction notice on 09/01/2025. LPA reviewed the eviction notice dated 09/01/2025 which indicated the reasons for eviction were that “the resident’s needs have changed, and the facility can longer meet those needs and continued noncompliance with facility policies that results in a danger to the health, safety, or welfare of the residents or others.” LPA’s review of the eviction notice reflected that the eviction notice was not in compliance with Title 22 due to the eviction not containing specific facts to permit determination of the date, place, witnesses, and circumstances concerning the reasons for the eviction. The eviction notice did not contain a statement informing residents of their right to file a complaint with the licensing agency, as specified in Section 87468, subsection (a)(4), including the name, address and telephone number of the licensing office with whom the licensee normally conducts business, and the State Long Term Care Ombudsman office. The eviction notice did not have the following exact statement 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." Additionally, the facility did not send a written report to the licensing agency within five (5) days of issuing the eviction notice. Furthermore, the eviction notice did not provide what higher level of care R1 needed that could not be provided by the facility. File review indicated R1’s behaviors have been consistent over their time at the facility. R1’s last assessment on file is dated 11/10/22. Phone interview with Licensee representative during today’s visit revealed that R1’s POA received R1’s charting notes of the incidents reflecting non-compliance of the facilities policies on 09/09/25, after written documentation of the dates and times of any incidents R1 was “being accused of” was requested by the POA and not included in the eviction notice. Based on the information gathered, the above allegation “illegal eviction” is deemed SUBSTANTIATED at this time. Pursuant to Title 22, CA Code of Regulations, the following deficiencies were cited (refer to LIC 9099-D). Exit interview conducted. A copy of the report and appeal rights were issued .