Esperanza Asberry v. Centinela Skilled Nursing and Wellness Centre West, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
This action arises from Samuel Asberry’s (“Decedent”) death while living at a nursing home facility. (Notice of Removal (“NOR”), Ex. A (Complaint) (Docket No. 1). Plaintiffs are Decedent’s surviving spouse and children. (Complaint ¶¶ 1-5). Defendants include removing-Defendants Centinela and Brius, who allegedly operate the relevant nursing home, as well as non-removing individual Defendants, Mohsen Mobasser and Marie Faye Sorianosos, who allegedly worked at, and served as administrators for, the nursing home. (Id. ¶¶ 6-10). The essence of the Complaint is that Defendants owed Decedent a duty of care and breached that duty by failing to provide necessary care to prevent Decedent’s death. Decedent was 81 years old and placed in the nursing home for physical therapy, blood pressure regulation assistance, and treatment and car for symptoms of dementia and strokes. (Id. ¶ 30). Plaintiffs allege that among other things, Defendants failed to provide Decedent with basic and necessary hygienic care, failed to implement policies ______________________________________________________________________________