The Garcia Law Firm Files Class Action Lawsuit Filed Against 18 California Nursing Homes Operated by Sun Mar Healthcare Alleging Systemic Violations of Law.

LONG BEACH, CALIF. (Jan. 10, 2008) — A class action lawsuit (Case #30-200800037875), was filed today in Orange County Superior Court against Sun Mar Health Care, Inc., Sun Mar Management, and its 18 California skilled nursing homes[see list by city at end of release] on behalf of Warren Richardson, by and through his Attorney in Fact Marlene Miller, on Richardson’s behalf and on behalf of all California citizens who resided in, or are residing in, one of the company’s California facilities from Jan. 8, 2005 through Jan. 5, 2008.

The complaint alleges that Sun Mar Health Care, Inc. promotes itself to people who are elderly and to their families by falsely claiming to provide superior and attentive skilled nursing care. Sun Mar’s promotional materials claim the facilities provide skilled nursing care services of a particular standard and quality that will meet the needs of prospective and current residents. The suit alleges that the corporate officers and managers of the individual homes deliberately keep the budgets so tight that appropriate staffing and training of staff cannot be provided and, therefore, residents do not receive the care they need and should be getting, and for which they are paying.

“In our opinion, Sun Mar facilities have a long record of excessive and repeated citations for substandard patient care and violations of residents’ rights, according to California Department of Health records, ” says Long Beach, Calif., plaintiff attorney Stephen M. Garcia of The Garcia Law Firm. “It is a fact, accepted by the entire long-term care community, that there is a direct correlation between the conduct that leads to abuse of an elder and insufficient staffing levels in these long-term facilities. In our opinion, residents of Sun Mar facilities are elder abuse victims waiting to happen as the result of the inappropriate operations in the Sun Mar facilities as alleged in our complaint. It’s just a matter of whose parents or grandparents are going to be the victims.”

“Simply stated,” says Garcia, “the lawsuit alleges that Sun Mar misrepresents the quality and nature of the services it provides to their residents in order to entice them to pay good money for services Sun Mar does not provide. This lawsuit seeks to change corporate attitudes of greed over proper care, of promoting profits over the needs of the elder and vulnerable adults the long-term communities serve.”

Garcia points to French Park Care Center in Santa Ana as an example. Records indicate that as far back as Aug. 1, 2004 to July 31, 2005, this Sun Mar facility was cited for 20 deficiencies by the California Dept. of Health. The facility continued to deteriorate from Aug. 1, 2005 to July 31, 2006, when it received a mind-boggling 34 deficiencies. And most recently, Aug. 1, 2006 to Oct. 31, 2007, the facility is still hovering at an unacceptable level of 21 notices of deficiencies.

The lawsuit alleges that substandard care and neglect of residents’ rights was a corporate-wide strategy and policy mandated by its parent corporation, officers, managers, and the principals of Sun Mar Health Care. The suit specifically names Irving Bauman, president and principal of Sun Mar Health Care, Inc., and the administrators and managing agents of each of the 18 facilities, including Robert Koontz, Hanh Ta, Pat Chase-Lyle, David Ormiston, Chris Stottlemyer, Ron Ofer, Sandra Faay, Andrew Litchman, Fernando Rodriguez, Janie Chen-Campos, Martin Hipschman, Smita Muir, Carmen Hernandez, Robert Furbin, Bertha Noble, and John Baldwin.

The suit alleges that the company and its principals, deliberately understaffed its facilities by forcing each facility to operate under a budget, approved and directed by Bauman and the directors of the individual facilities, that charged for services not provided, thereby enriching themselves at the expense of their elderly residents.

“When Sun Mar residents put down their deposits and pay their fees, they do so with the expectation that they will receive the care they were being promised and which was advertised,” says Garcia. “We believe the facts clearly show that the promised services were not and are not being delivered, that Sun Mar management knew this to be true, and yet it continues making the same misrepresentation to the public. At a minimum, our parents and grandparents, who have lived long and served well, deserve the truth from those who would take their money. This lawsuit is about that truth being told about Sun Mar facilities in California.”

For information about the class action suit, contact Stephen M. Garcia at The Garcia Law Firm, (800) 281.8515 or www.lawgarcia.com.

California Sun Mar Facilities ANAHEIM Anaheim Healthcare Center

8/1/06 – 10/31/07: received 11 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

Sun-Mar Health Care, Inc. dba Sun Mar Nursing Center

8/1/06 – 10/31/07: received 10 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

DAVIS

Courtyard Health Care Center

8/1/06 – 10/31/07: received 20 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

8/1/05 – 7/31/06: received 14 notices of deficiencies.

EL MONTE

Gibraltar Convalescent Hospital, Inc. dba Sunset Manor Convalescent Hospital

8/1/06 – 10/31/07: received 18 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

FONTANA Citrus Nursing Center

8/1/06 – 10/31/07: received 8 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

8/1/05 – 7/31/06: received 11 notices of deficiencies.

Sun-Mar Nursing Centers dba Laurel Convalescent Center

8/1/06 – 10/31/07: received multiple notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

FULLERTON Gordon Lane Care Center

8/1/06 – 10/31/07: received 19 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

GARDEN GROVE Garden Park Care Center

8/1/06 – 10/31/07: received 10 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

LA HABRA

Park Regency Care, LLC dba Park Regency Care Center

8/1/06 – 10/31/07: received 29 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

LOS ANGELES (90019)

Inland Medical Enterprises, Inc. dba Alcott Rehabilitation Hospital

8/1/06 – 10/31/07: received 11 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

8/1/04 – 7/31/05: received 12 notices of deficiencies.

MONTEREY PARK Heritage Manor Healthcare dba Heritage Manor

8/1/06 – 10/31/07: received 13 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

Monterey Park Convalescent Hospital

8/1/06 – 10/31/07: received multiple notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

PARAMOUNT Paramount Convalescent Group, Inc. dba Paramount Convalescent Hospital

8/1/06 – 10/31/07: received multiple notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

RIVERSIDE F & B Health Care dba Extended Care Hospital of Riverside

8/1/05 – 7/31/06: received 19 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

ROSEMEAD Gibraltar Convalescent Hospital, Inc. dba Del Mar Convalescent Hospital

8/1/04 – 7/31/05: received multiple notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

SANTA ANA Bartlett Care Center LLC dba French Park Care Center

8/1/06 – 10/31/07: received 21 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

8/1/05 – 7/31/06: received 34 notices of deficiencies.

8/1/04 – 7/31/05: received 20 notices of deficiencies.

SAN DIEGO

Villa Rancho Bernardo Health Care, LLC dba Villa Rancho Bernardo Care Center

8/1/06 – 10/31/07: received 14 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

8/1/05 – 7/31/06: received 18 notices of deficiencies.

8/1/04 – 7/31/05: received 16 notices of deficiencies.

SANTA MONICA P.C. Care, LLC dba Pacific Convalescent Center

8/1/06 – 10/31/07: received 11 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.

TUJUNGA Wyngate Nursing Center dba North Valley Nursing Center

8/1/05 – 7/31/06: received 16 notices of deficiencies by the California Department of Health for providing substandard care and violating residents’ rights.