Estate of Evaristo Acosta v. WDW Joint Venture

I. Background

On June 11, 2021, Plaintiffs filed a Complaint against Defendant in Los Angeles Superior Court alleging claims for (1) elder abuse and neglect, (2) negligence, (3) violation of Residents’ Bill of Rights, (4) wrongful death, and (5) concealment. (Dkt. No. 1, Request for Judicial Notice Ex. 1, Complaint.) In their Complaint, Plaintiffs allege that Evaristo Acosta (the ““Decedent”’) was a resident of Defendant from approximately 2019 through the time of his death in June of 2020. (id. 7.) Plaintiffs allege that on May 25, 2020, Defendant “transferred [Decedent] to Lakewood Regional Medical Center for advanced testing and treatment.” (Id. J 15.) “Upon admission to Lakewood Regional, [Decedent] was diagnosed with rectal bleeding and interstitial pneumonia and cough.” (Id.) Additional testing completed at Lakewood Regional allegedly confirmed that Decedent had COVID-19. (Id.) “Lakewood Regional further noted that upon admission, [Decedent] suffered ‘adult failure to thrive’ and also noted that [Decedent] had sacral pressure ulcers.” (Id.) Decedent “deteriorated rapidly, and he passed away on June 11, 2020.” (id. ¥ 16.) On July 16, 2021, Defendant filed…