To_complaint_atty_wilson

Response

Cal. Super. - 6th Dist.February 18, 2020

AN nn BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 William C. Wilson, SBN: 149683 Rita Marseille, SBN: 158542 WILSON GETTY LLP 12555 High Bluff Drive, Suite 270 San Diego, California 92130 Telephone: 858.847.3237 Facsimile: 858.847.3365 Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/23/2020 2:18 PM Reviewed By: P. Lai Case #20CV363639 Envelope: 4494227 Attorneys for Defendants ALLPRO, INC.; AUBURN MANOR HOLDING CORP.; HORIZON WEST HEALTHCARE, INC.; BRETT HILL; GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; and 16412 LOS GATOS BOULEVARD, LLC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA MIYO IDEMOTO, Individually: as Executor, Administrator and the Personal Representative of the ESTATE OF TOM IDEMOTO; and as Successor in Interest of TOM IDEMOTO, Plaintiff, VS. GOLDEN OAK HOLDINGS, LLC dba VASONA CREEK HEALTHCARE CENTER; PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER; CALIFORNIA OPCO SUB LLC; HEALTHCARE FINANCIAL SOLUTIONS, LLC; ALLPRO, INC.; AUBURN MANOR HOLDING CORP; BAY BRIDGE CAPITAL INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO LLC; CROSSWINDS TRUST; GI PLUM HOLDINGS, LLC; GI SIDE FUND PLUM CORP; HORIZON WEST HEALTHCARE, INC.; NEW SISU HOLDCO, LLC; 16412 LOS GATOS BOULEVARD, LLC; BRETT HILL; and DOES 1 to 100, inclusive, Defendants. Case No. 20CV363639 ANSWER OF DEFENDANTS GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC TO PLAINTIFFS’ UNVERIFIED COMPLAINT Action Filed: February 18, 2020 Judge: Hon. Laurie Mikkelsen Dept.: Trial Date: Not Set ANSWER OF DEFENDANTS GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC TO PLAINTIFFS’ UNVERIFIED COMPLAINT AN nn BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 Defendants GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC (hereinafter “defendants” hereby answer Plaintiffs’ Complaint for themselves and for no other defendants as follows: Pursuant to Code of Civil Procedure section 431.30, these answering defendants deny generally and specifically each and every allegation in the Complaint. These answering defendants further deny that plaintiffs have been damaged in the sum alleged in the Complaint, or any other sum, or at all. FIRST AFFIRMATIVE DEFENSE (Comparative Negligence) I. At the time and place of the occurrence alleged in the Complaint, plaintiffs failed to exercise ordinary care on his or her own behalf for their own safety. That negligence caused the injury and damages alleged in plaintiffs’ Complaint. Consequently, plaintiffs’ right to recover should be diminished by plaintiffs’ proportional share of fault. SECOND AFFIRMATIVE DEFENSE (Apportionment) 2. That the liability of the persons ultimately determined to be responsible for the injuries and losses to plaintiffs shall be compared, and the damages, if any, awarded to plaintiffs, shall be apportioned accordingly. THIRD AFFIRMATIVE DEFENSE (Following Physician's Orders) 3 That all care, treatment and procedures rendered to and performed upon plaintiff were given pursuant to the medical instructions of plaintiff’s physicians and were given with the express 2- ANSWER OF DEFENDANTS GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC TO PLAINTIFFS’ UNVERIFIED COMPLAINT AN nn BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 and implied consent of plaintiffs. FOURTH AFFIRMATIVE DEFENSE (Assumption of Risk) 4. That any injury, loss or damage purportedly sustained, if at all, by plaintiffs were directly and legally caused and contributed to by risks which were fully and actually known to plaintiffs who fully and actually appreciated the nature and scope of the hazards created, and voluntarily assumed these risks and their potential consequences. FIFTH AFFIRMATIVE DEFENSE (Negligence of Third Parties) 5. The damages sustained by plaintiffs were proximately caused by the acts, omissions, negligence, fraud and/or breach of obligations by persons other than these answering defendants and these persons were beyond these answering defendant’s supervision and control. SIXTH AFFIRMATIVE DEFENSE (Intervening/Superseding Causes) 6. The incident described in plaintiffs’ Complaint, as well as the injuries, losses and damages allegedly sustained by plaintiffs, were proximately caused by intervening and superseding forces which were beyond the control of these answering defendants and which, in the exercise of reasonable prudence, were not and could not be anticipated by these answering defendants. SEVENTH AFFIRMATIVE DEFENSE (Civil Code §3333.2) 4s Any recovery by plaintiffs, pursuant to the Complaint, is limited to $250,000 by the provisions of Civil Code §3333.2. EIGHTH AFFIRMATIVE DEFENSE (Code of Civil Procedure §667.7) 8. Any recovery by plaintiffs, pursuant to the Complaint, is controlled by the provisions of Code of Civil Procedure §667.7. 3- ANSWER OF DEFENDANTS GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC TO PLAINTIFFS’ UNVERIFIED COMPLAINT AN nn BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 NINTH AFFIRMATIVE DEFENSE (Civil Code §3333.1) 9. Pursuant to the provisions of Civil Code §3333.1, any recovery which plaintiffs seek from these answering defendants for damages and injuries caused by the incident which is the subject of the Complaint may be challenged by the introduction of evidence of reimbursement from specified collateral sources. TENTH AFFIRMATIVE DEFENSE (Civil Code §1431.2) 10. The liability of these answering defendants for non-economic damages, if any, is limited to that percentage of those damages which are in direct proportion to these answering defendants’ percentage of fault in accordance with Civil Code §1431.2. ELEVENTH AFFIRMATIVE DEFENSE (Fails to State Cause of Action) 11. The Complaint, and each cause of action it contains, fails to state facts sufficient to constitute a cause of action against these answering defendants. TWELFTH AFFIRMATIVE DEFENSE (Appropriate Treatment) 12. The care and treatment given to plaintiff was proper, appropriate and reasonable for an individual with the medical and psychological conditions that plaintiff had. THIRTEENTH AFFIRMATIVE DEFENSE (Unavoidable Condition) 13. The damages sustained by plaintiffs were the result of an unavoidable condition insofar as these answering defendants are concerned, and occurred without any negligence, want of care, fault, or other breach of duty to plaintiffs on the part of these answering defendants. 1" I 4- ANSWER OF DEFENDANTS GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC TO PLAINTIFFS’ UNVERIFIED COMPLAINT AN nn BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 FOURTEENTH AFFIRMATIVE DEFENSE (No Facts for Recovery of Attorney’s Fees) 14. Plaintiffs’ Complaint fails to state facts sufficient to warrant the imposition of attorney's fees and costs as damages against these answering defendants. FIFTEENTH AFFIRMATIVE DEFENSE (No Facts for Welfare & Institutions Code §15657 Remedies) 13. Plaintiffs’ Complaint fails to state sufficient facts to warrant the recovery of any damages, including punitive damages, fees or costs provided by Welfare & Institutions Code §15657. SIXTEENTH AFFIRMATIVE DEFENSE (Binding Arbitration) 16. Plaintiffs’ Complaint is subject to binding arbitration as set forth in the arbitration agreement. SEVENTEENTH AFFIRMATIVE DEFENSE (Business & Professions Code §6146) 17. These answering defendants elect to invoke the provisions of Business & Professions Code §6146. EIGHTEENTH AFFIRMATIVE DEFENSE (Failure to Mitigate Damages) 18. Plaintiffs failed to exercise reasonable care and diligence to avoid loss and to minimize damages and, therefore, plaintiffs may not recover for losses which could have been prevented by reasonable efforts on their part, or by expenditures that might reasonably have been made. Therefore, plaintiffs’ recovery, if any, should be reduced by the failure of plaintiffs to mitigate their damages. NINETEENTH AFFIRMATIVE DEFENSE (Civil Code §1714.8) 19. Plaintiffs’ actions herein are barred by the provisions of California Civil Code §1714.8 in that the injuries and damages complained of by plaintiffs herein, if any, were solely as the result of 5- ANSWER OF DEFENDANTS GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC TO PLAINTIFFS’ UNVERIFIED COMPLAINT AN nn BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 the natural course of a disease or condition and/or expected result of reasonable treatment rendered for the disease or condition by plaintiffs’ healthcare providers. TWENTIETH AFFIRMATIVE DEFENSE (Failure to Follow Healthcare Provider Advice) 20. That the injury, damage or loss suffered by plaintiffs herein were legally caused by the negligent or willful failure of plaintiffs to follow the advice and instructions of the attending health care providers, and in otherwise failing to exercise ordinary care on their own behalf. TWENTY-FIRST AFFIRMATIVE DEFENSE (Consent) 21. The actions of these answering defendants, if any, were consented to by plaintiffs. TWENTY-SECOND AFFIRMATIVE DEFENSE (No Reliance) 22. That at no time mentioned herein did plaintiffs, their agents, servants, representatives, or predecessors in interest, rely on any promises, warranties, express or implied, or representations which may have been made by these answering defendants in connection with the services which they are alleged to have performed under the terms of the contract. TWENTY-THIRD AFFIRMATIVE DEFENSE (Failure to Comply with Health & Safety Code §1432.1) 2. Some or all of plaintiffs’ claims are barred or otherwise without basis pursuant to the immunities and privileges inherent in the Health & Safety Code, including, but not limited to, Health & Safety Code §1432.1. TWENTY-FOURTH AFFIRMATIVE DEFENSE (Statute of Limitations) 24. The causes of action alleged in the Complaint are barred by the applicable statues of limitations, including, but not limited to, the provisions of Code of Civil Procedure §§ 340.5 and 335.1. 6- ANSWER OF DEFENDANTS GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC TO PLAINTIFFS’ UNVERIFIED COMPLAINT AN nn BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 TWENTY-FIFTH AFFIRMATIVE DEFENSE (Proposition 64) 25. Plaintiffs’ fourth cause of action for Unfair Business Practices (Business & Professions Code § 17200, et seq.) is barred by the provisions of Prop. 64 (2004). TWENTY-SIXTH AFFIRMATIVE DEFENSE (No Punitive Damages) 26. Plaintiffs are not entitled to the recovery of punitive damages under Civil Code §3294 or any other provision of law; the facts alleged due not support such a recovery; and plaintiffs did not comply with the requirements of Code of Civil Procedure §425.13. TWENTY-SEVENTH AFFIRMATIVE DEFENSE (Accord and Satisfaction) 27. As to plaintiff’s cause of action for a violation of the Patient’s Bill of Rights, Defendant GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER neither admits nor denies the Health & Safety Code §1430(b) allegations. To extinguish this claim, this answering defendant shall tender and deliver the amount of $500.00 to decedent through plaintiffs’ counsel. This payment shall constitute full accord and satisfaction of said cause of action pursuant to Code of Civil Procedure §2074. This answering defendant reserves the right to assert that any attorney fees claimed on the Patient’s Bill of Rights claim after the date of the aforementioned tender are not recoverable as a matter of law. TWENTY-EIGHTH AFFIRMATIVE DEFENSE (No Privity of Contract) 28. No privity of contract exists, or ever existed, between plaintiffs and defendants, thus defendants cannot be liable as a matter of law. TWENTY-NINTH AFFIRMATIVE DEFENSE 29. Plaintiffs are estopped from raising any claims against defendants. Fis ANSWER OF DEFENDANTS GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC TO PLAINTIFFS’ UNVERIFIED COMPLAINT AN nn BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 THIRTIETH AFFIRMATIVE DEFENSE (Additional Affirmative Defenses) 30. These answering defendants presently have insufficient knowledge or information upon which to form a belief as to whether they may have additional, as yet unstated, affirmative defenses available. Accordingly, these answering defendants reserve the right to assert additional affirmative defenses in the event discovery indicates that would be appropriate. WHEREFORE, defendants respectfully pray for judgment against plaintiffs as follows: I. Dismissal of these answering defendants from this action; 2. That these answering defendants be awarded costs; 3. That plaintiffs take nothing by the Complaint; 4. For reasonable attorney’s fees; and For all other relief that this Court deems just and proper. Dated: June 23, 2020 WILSON GETTY LLP William C. Wilson Rita Marseille By: Attorneys for Defendants ALLPRO, INC.; AUBURN MANOR HOLDING CORP.; HORIZON WEST HEALTHCARE, INC.; BRETT HILL; GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; and 16412 LOS GATOS BOULEVARD, LLC. 8- ANSWER OF DEFENDANTS GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC TO PLAINTIFFS’ UNVERIFIED COMPLAINT AN nn BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 Miyo Idemoto v. Golden Oak Holdings, LLC dba Vasona Creek Healthcare Center, et al. Superior Court of the State of California, County of Santa Clara Case No. 20CV363639 deksk PROOF OF SERVICE I am employed in San Diego County. I am over the age of 18 and not a party to this action. My business address is 12555 High Bluff Drive, Suite 270, San Diego, California 92130. On June 23, 2020, I served the foregoing documents, described in this action as: e ANSWER OF DEFENDANTS GOLDEN OAKS HOLDINGS, LLC dba VASONA CREEK CARE CENTER; PLUM HEALTHCARE GROUP, LLC (erroneously sued and served as PLUM HEALTHCARE GROUP, LLC dba VASONA CREEK HEALTHCARE CENTER); CALIFORNIA OPCO SUB, LLC; BAY BRIDGE CAPITAL, INC.; BAY BRIDGE CAPITAL PARTNERS, LLC; BRIDGE HOLDCO, LLC; GI SIDE FUND PLUM CORP; NEW SISU HOLDCO, LLC; AND 16412 LOS GATOS BOULEVARD, LLC TO PLAINTIFFS’ UNVERIFIED COMPLAINT [X] by e-mailing [ ] the original [X] a true copy thereof enclosed to addressed as follows: Susan Kang Gordon, Esq. Law Offices of Susan Kang Gordon 21C Orinda Way #162 Orinda, CA 94563 T: 510.400.6146 F: 510.400.6148 Email: susan @skg-law.com Email: bryan @skg-law.com Counsel for Plaintiff [X] BY E-MAIL or ELECTRONIC TRANSMISSION I caused based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, the documents to be sent to the persons at the e-mail addresses. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. [X] STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June 23, 2020 at San Diego, California. Fo. Villalpands Felicia Villalpando PROOF OF SERVICE