15 California Nursing Homes Sued for Knowingly Understaffing & Underfunding Facilities

California – Garcia & Artigliere and The Arns Law Firm filed class action lawsuits against 15 skilled nursing facilities throughout the state, their management companies and principal owner Shlomo Rechnitz for Violations of the Consumer Legal Remedies Act and Violations of Resident Rights. It’s alleged that the defendants conceived and implemented plans to understaff the facilities in violation of applicable regulations and the express promise of the admission agreements signed on behalf of each facility resident promising that the facilities would adhere to the State of California’s Residents’ Bill of Rights. The Complaints allege that this violation of each resident’s rights was directed and implemented at the mandate of the managers and owners of the facilities, Rockport Administrative Services and Shlomo Rechnitz, and his multiple layers of affiliated companies. The Complaints seek to force the defendants to ensure the sufficiency of staff in their facilities by way of injunctions so as to put an end to chronic and intentional understaffing of California skilled nursing facilities of a committed effort to pocket unearned profit at the expense of the provision of the legally mandated care to be provided to elders of the state.”

“The elderly and infirm are one of the most important and yet vulnerable segments of our society,” said Attorney Stephen Garcia. “To knowingly understaff these facilities in violation of promised resident rights so as to unlawfully maximize profit, victimizes our important resource of elders and needs to end. These lawsuits are an effort on behalf of these vulnerable citizens to ensure that their needs are met and services, for which operators are paid incredibly large sums mostly by us through our Government, are actually provided. The class members were unknowledgeable and unsophisticated in the operation of skilled nursing facilities in California and relied on the facilities in which they resided to provide services as outlined in the Admission Agreement, and which they paid good money to receive. Notably, in a declaration submitted in prior Court proceedings by representatives of the State of California, at least some of these defendants were noted to have a long history of being serial violators of skilled nursing industry laws. Our efforts here reflect our ongoing commitment to put a stop to serial violations of skilled nursing industry laws.”

Allegations and Background

The Complaints allege that during and after the admissions process for the class members at the facilities,  the defendants concealed the fact that the facilities were not adequately staffed to meet the needs of their residents, which is in violation of the Patients’ Bill of Rights referencing 22 Code of Regulations §72527(a)(25) and Health & Safety Code §1599.l(a), most specifically the right to live in a facility that employs “an adequate number of qualified personnel to carry out all of the functions of the facility.”

The Complaints allege that the defendants actively concealed this knowledge from their elderly and infirm residents as well as their representatives, thereby convincing them to agree to be admitted to the facilities based on false and misleading representations as to the compliance of the facilities with applicable regulations and based upon a misrepresentation as to the character of the quality of care to be provided to residents. In doing so, the facilities violated the rights afforded to all residents of skilled nursing facilities. It is alleged that Shlomo Rechnitz knowingly directed operations of the 15 facilities and each of the more than 60 skilled nursing facilities he effectively controls in the State of California.

The facility, plaintiff and defendants for each Complaint are listed in the table below. The defendants are the owners, managers, parent company and/or management company, and actively controlled the respective facility.

FACILITY PLAINTIFF DEFENDANTS
Brighton Place San Diego, San Diego Steven Bauer Shlomo Rechnitz; Brius Management Co., Inc.; B-San Diego, LLC; Rockport Administrative Services, LLC
Brighton Place Spring Valley, Spring Valley Glenn Roundy Shlomo Rechnitz; Brius Management Co., Inc.; B-Spring Valley, LLC; Rockport Administrative Services, LLC
Cupertino Healthcare & Wellness Center, Cupertino Robert Barbendel Shlomo Rechnitz; SOL Healthcare, LLC; Rechnitz Core GP; Rockport Administrative Services, LLC
Driftwood Healthcare Center, Torrance Billie Combs Shlomo Rechnitz; Rechnitz Citrus GP; Citrus Wellness Center, LLC; Driftwood Healthcare & Wellness Center, LLC; Rockport Administrative Services, LLC
Fortuna Rehabilitation & Wellness Center, Fortuna John Wilson Shlomo Rechnitz; Fortuna Wellness GP, LLC; Rockport Administrative Services, LLC
Granite Hills Healthcare & Wellness Center, El Cajon Milka Zeljeznjak Shlomo Rechnitz; Brius, LLC; Rockport Administrative Services, LLC
Granada Rehabilitation & Wellness Center, Eureka Shelley Milford Shlomo Rechnitz; Granada Rehabilitation & Wellness Center, LP; Granada Wellness GP, LLC; Rockport Administrative Services, LLC
Hayward Healthcare & Wellness Center, Hayward Robert Masolele Shlomo Rechnitz; SOL Healthcare, LLC; Rechnitz Core GP; Rockport Administrative Services, LLC
Norwalk Skilled Nursing & Wellness Centre, Norwalk Angela Pereira Shlomo Rechnitz; Brius Management Co., Inc.; Rockport Administrative Services, LLC
Novato Healthcare Center, Novato Stanton Richardson Shlomo Rechnitz; Brius Management Co., Inc.; Asru, LLC; Rockport Administrative Services, LLC
Oakhurst Healthcare & Wellness Centre, Oakhurst Betty Barrett Shlomo Rechnitz; Brius, LLC; Rockport Administrative Services, LLC
Park Avenue Healthcare & Wellness Center, Pomona Steven Cameron Shlomo Rechnitz; Pomona Nursing & Healthcare Centre, LLC; Brius Management Co., Inc.; Rockport Administrative Services, LLC
Point Loma Post Acute Center, San Diego Paula Anderson Shlomo Rechnitz; Brius Management Co., Inc.; Point Loma Rehabilitation Center, LLC; Rockport Administrative Services, LLC
Roseville Point Health & Wellness Center, Roseville Diane Bechtold Shlomo Rechnitz; Granada Rehabilitation & Wellness Center, LP; Granada Wellness GP, LLC; Rockport Administrative Services, LLC
San Rafael Healthcare & Wellness Center, San Rafael Linda Piazza Shlomo Rechnitz; San Rafael Healthcare & Wellness Center, LP; San Rafael Wellness GP, LLC; Rockport Administrative Services, LLC