Cardenas

FACTS

Mauricio Cardenas was a resident of Horizon Senior Living, Inc., doing business as Manse on Marsh (Horizon). Cardenas suffered from dementia. On many occasions, Cardenas left Horizon without knowledge of the staff. On December 21, 2014, on his last unsupervised foray away from the facility, he wandered for several miles and was hit by a car and killed. Christopher Skiff was the director of Horizon. Gary Potts was the manager. Skiff was convicted of felony elder abuse and manslaughter in Cardenas’s death with the special allegation that the elder abuse was likely to cause great bodily injury or death. Potts was convicted of felony elder abuse. Horizon was not convicted of any crime. Paul and Samuel Cardenas, heirs of Mauricio Cardenas, (Plaintiffs) brought this action against Horizon, Skiff and Potts, alleging negligence, willful misconduct, elder abuse, and wrongful death. The first amended complaint alleges that Horizon was not licensed to care for dementia patients; that defendants failed to comply with the standard of care; and that defendants knew or should have known the risk of injury for failure to comply with the standard of care. Horizon demurred to the complaint…