Garcia & Artigliere Files Class Action Lawsuit Against Westpac Investments, Inc. and its Subsidiaries for Violating the Business and Professions Code and Consumer Legal Remedies Act
Garcia & Artigliere filed a class action lawsuit on behalf of more than 1,000 residents for violation of business and professions code, and violation of the Consumer Legal Remedies Act against Westpac Investments, Inc. and its subsidiaries The Village Pacific Management Group, LLC and Sydney Creek, LP.
“More than 1,000 residents were affected by the negligent business practices of these facilities,” says Stephen Garcia, Partner of Garcia & Artigliere. “The elderly are the most vulnerable segment of the population and these facilities have a legal obligation to take care for their health and well-being.”
The lawsuit alleges the Defendants knowingly did not staff their facilities based on the needs of their residents, but solely on the number of residents, a direct violation of California law. The Director of Wellness from the Village at Sydney Creek testified that their staffing levels were developed to take care of the residents on admission, and if the resident’s acuity changes beyond what the facility is capable of handling, then they would meet with the family and discuss moving the resident elsewhere.
Further, the Defendants were in cahoots to devise a corporate-wide scheme and staffing practice created by management and implemented by its subsidiaries to deceive and mislead their residents.
As a result of the facilities’ deception, the class suffered monetary harm by being deprived of the value of payments made for their care and supervision.