Evon Smith v. Colonial Care Center, Inc.

I. INTRODUCTION

On December 14, 2020, Evon Smith, Dale Chanaiwa, Maurice Jordan, June Smith-Wimes, Darrel Smith, Gary Smith, and Kennedy Smith (collectively, “Plaintiffs”’) filed a Complaint in Superior Court for the County of Los Angeles against Colonial Care Center, Inc. (“Colonial Care Center,” or ‘Defendant”).! Plaintiffs are the children of the late Joan Rivers (“Decedent”), who died on July 20, 2020. Colonial Care Center is a nursing home facility in Long Beach California where Decedent resided toward the end of her life. Plaintiffs’ Complaint asserts the following thirteen state law causes of action against Defendant: (1) Elder Abuse; (2) Willful Misconduct; (3) Negligence; (4) Negligence Per Se; (5) Negligent Infliction of Emotional Distress; (6) Violation of Unfair Competition Law; (7) Misrepresentation/Fraud; (8) Breach of Contract; (9) Violation of Resident Rights (Health & Saf. Code,§ 1430(b)-Care Issue No. 1); (10) Violation of Resident Rights (Health & Saf. Code, § 1430(b)-Care Issue No. 2); (11) Violation of Resident Rights (Health & Saf. Code, § 1430(b)-Care Issue No. 3); (12) Wrongful Death, and; (13) Survival Action. On January 19, 2021,…