Miller v. AlerisLife CA4/3

STATEMENT OF FACTS

In 2021, 80-year-old Charles entered Somerford Place–Redlands (Somerford Place), a residential care facility for the elderly.2 Charles suffered from Alzheimer’s disease and dementia, which can cause difficulty in swallowing, thereby putting Charles at high risk for choking. On his third day at the facility, Charles choked while eating lunch and became unconscious. He was transported to the hospital but, because he had been without oxygen for at least 15 to 20 minutes, his condition declined, and he passed away on July 12, 2021. His death certificate lists anoxic encephalopathy and obstruction of the airway by food as the causes of death. Micah filed a complaint alleging a claim for wrongful death on his own behalf and, as Charles’s successor in interest, alleging claims for elder abuse, negligence, and willful misconduct on Charles’s behalf. The complaint named SNH Cal Tenant LLC doing business as Somerford Place; FVE Managers, Inc. (alleged to be the owner of Somerford Place); and Danica J. Turner (alleged to be the manager of Somerford Place) as defendants (collectively, Initial Defendants). It also named Charles’s widow, Vicky Sue Robertson Miller (Vicky),…