Garcia & Artigliere Files Class Action Lawsuit Against The Breakers of Long Beach, Inc. for Financial Elder Abuse and Fraud
Garcia & Artigliere filed a class action lawsuit against The Breakers of Long Beach, Inc., administrator Dan Cooper and owner Bernard Rosenson for financial elder abuse and fraud on behalf of Gloria Brown and more than 100 class members. The lawsuit alleges that The Breakers of Long Beach and its administrator Dan Cooper intentionally misappropriated funds intended for resident care and rent for personal profit and gain, knowing the facility’s license was going to be revoked as a direct result of multiple health, moral and safety violations.
“It’s about time The Breakers of Long Beach reaped what it sowed,” says attorney Stephen Garcia. “It’s appalling that a facility would place such greed and profit over their patients wellbeing.”
On March 7, 2014, the California Department of Social Services (DSS) took legal action against the defendants revoking their license as a result of multiple health, moral and safety violations, including several elder abuse lawsuits, one that resulted in the death of a resident.
The Breakers of Long Beach purposefully withheld information regarding the revocation of the facility’s license so that its residents would stay in the facility and the defendants could collect monies intended to pay for care, supervision and other services. Additionally, the facility and Mr. Cooper intentionally diverted funds directly to the defendants’ pockets prior to closing the doors of the facility, which left insufficient funds to operate properly and care for residents.
In March 2015, The Breakers of Long Beach and DSS reached an agreement to revoke the facility’s license, and on about March 30, 2015, the owner of the facility distributed a 60-day eviction letter to all residents, which offered to assist residents with relocation. However, Mr. Cooper and the defendants failed to assist residents in relocating as part of their plan to continuously collect rent payments knowing the facility was closing.