Estate of James R. Jenkins v. Beverly Hills Senior Care Facility, Inc.
Opinion
Trial Court Opinion
I. FACTUAL AND PROCEDURAL BACKGROUND
A. Factual and Procedural Background On May 6, 2021, Plaintiffs filed a Complaint against Defendants in Los Angeles County Superior Court, alleging claims for: (1) Elder Abuse and Neglect (California Welfare & Institutions Code §§ 15600, et seq.); (2) negligence/negligence per se; (3) wrongful death; and (4) fraud. In their Complaint, Plaintiffs allege that James R. Jenkins (the “Decedent”) was a resident of Beverly Hills Garden Care Center, a residential care facility for the elderly (the “Facility”). Plaintiffs allege that the Facility and Defendants provided Decedent with “substandard care and supervision with respect to his nourishment and general treatment” and failed to “take the most basic precautions to protect residents from COVID-19,” including by: “failing to provide adequate personal protective equipment (PPE)”; failing to wear and/or incorrectly wearing PPE”; “failing to test residents and/or staff for COVID-19, despite the availability and feasibility of regular testing”; “failing to isolate staff and/or residents who were exposed and/or contracted COVID-19 (including but not limited to Decedent’s roommate)”; and “failing…