197607055-10-3-2023-31-AS-MVAO-CWVM4J-20231023091650

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 197607055
Report Date: 10/03/2023
Date Signed: 10/03/2023 02:02:10 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD., STE. 250
WOODLAND HILLS, CA 91364

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/21/2023 and conducted by Evaluator Michael Cava

COMPLAINT CONTROL NUMBER: 31-AS-20230821171127

FACILITY NAME:	EXCLUSIVE RAYA'S PARADISE, INC.		FACILITY NUMBER:	197607055
ADMINISTRATOR:	MOTI MICHAEL GAMBURD		FACILITY TYPE:	740
ADDRESS:	849 N. GARDNER STREET		TELEPHONE:	(323) 951-0598
CITY:	LOS ANGELES	STATE: CA	ZIP CODE:	90046
CAPACITY:	5	CENSUS: 3	DATE:	10/03/2023
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Brian Rosales		TIME COMPLETED:	02:00 PM

ALLEGATION(S):

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Staff raped resident.
Staff are having sexual intercourse during work hours.
Facility air conditioning is in disrepair.
Staff not providing a comfortable room temperature for residents.
Staff not keeping facility free from pests.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPAs) Chris Alemoh and Michael Cava conducted a subsequent complaint visit to the facility to conclude the investigation regarding the above allegations. LPAs met with the administrator, Brian Rosales, and advised him of the complaints.

Staff raped resident:
In regards to the allegation, the 10 day visit was made by LPA Laqueena Lacey on 08/22/23. Complaint was also accepted by Investigations Branch (IB) Investigator, Juan Lozana, as an assignment. The investigation by both LPA and IB consisted of interviews, record review and a physical plant inspection.

On 09/13/23, interviews held with the facility manager and staff do not corroborate with the allegation as no witnesses and dates of this incident could be identified. Interviews were also made with Resident 1 (R1) and Staff 1 (S1), and both deny the allegation. Furthermore, R1 stated the allegation is made up.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Eva Miller	TELEPHONE: (818) 596-4373
LICENSING EVALUATOR NAME: Michael Cava	TELEPHONE: (818) 389-7921
LICENSING EVALUATOR SIGNATURE:	DATE: 10/03/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/03/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 1 of 3

Control Number 31-AS-20230821171127

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD., STE. 250
WOODLAND HILLS, CA 91364

FACILITY NAME: EXCLUSIVE RAYA'S PARADISE, INC.	FACILITY NUMBER: 197607055
	VISIT DATE: 10/03/2023

NARRATIVE

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On 09/18/23, IB made contact with the Los Angeles Police Department (LAPD) dispatch. According to dispatch, there were no calls generated to report that R1 had been raped.

Based on the information obtained, there was insufficient evidence to prove that S1 raped R1. Therefore, the allegation is deemed Unsubstantiated at this time.

Staff are having sexual intercourse during work hours:
In regards to the allegation, it was alleged that staff were having sex during their shifts. The complaint received did not identify any staff, witnesses, dates or times. Interviews made with five (5) of five staff deny the allegation. Interview with one (1) of three residents also deny the allegation. The other two (2) residents were non-responsive to the LPA's questions, therefore, could not be interviewed. Based on the information obtained, there was insufficient evidence to corroborate the allegation of staff having sexual intercourse during work hours. Therefore, the allegation is deemed Unsubstantiated at this time.

Facility air conditioning is in disrepair/Staff not providing a comfortable room temperature for residents:
In regards to the allegation, it was reported that the facility air conditioning has been in disrepair for months, causing the residents to complain of the facility being too hot. It was also reported that administrator refuses to repair the air conditioning unit. Interviews with one (1) of three (3) residents deny the allegation. Resident 1 (R1) states room temperature is always maintained at a comfortable level, and expressed no complaints of the air conditioning being broken. The other two (2) residents were non-responsive to the LPA's questions, therefore, could not be interviewed. Interviews made with the administrator and maintenance staff reveal that the air conditioning unit was never in disrepair. Both stated the air conditioning unit just went under it's usual annual service for maintenance, but the air conditioning wasn't shut down for more than an hour or two. Maintenance was made in the morning to avoid the heat during the day. Air conditioning has been running alright since. During the day's investigation, the room temperature appeared to be maintained at a comfortable level. Based on the information obtained, there was insufficient evidence to corroborate the allegation of the air conditioning being in disrepair, causing room temperatures to be kept at an uncomfortable level. Therefore, the allegation is deemed Unsubstantiated at this time.

SUPERVISOR'S NAME: Eva Miller	TELEPHONE: (818) 596-4373
LICENSING EVALUATOR NAME: Michael Cava	TELEPHONE: (818) 389-7921
LICENSING EVALUATOR SIGNATURE:	DATE: 10/03/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/03/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 31-AS-20230821171127

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD., STE. 250
WOODLAND HILLS, CA 91364

FACILITY NAME: EXCLUSIVE RAYA'S PARADISE, INC.	FACILITY NUMBER: 197607055
	VISIT DATE: 10/03/2023

NARRATIVE

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Staff not keeping facility free from pests:
In regards to the allegation, it was reported that the facility is infested with roaches in the living room and resident rooms. During the course of the investigation, LPAs Alemoh and Cava conducted an inspection of the physical plant, which included all five (5) bedrooms, and three and one half (3 1/2) bathroom, common areas, living room and dining room. No roaches were observed. Interview with one (1) of three (3) residents deny ever seeing any roaches. The other two (2) residents were non-responsive to the LPA's questions, therefore, could not be interviewed. Interviews with the administrator and staff also deny the allegation, stating they haven't received any resident complaints or concerns of having roaches. Furthermore, the administrator stated pest control provides service at least twice a month for preventive measures. Based on the information obtained, there was insufficient evidence to prove that staff is not keeping facility free from pests. Therefore, the allegation is deemed Unsubstantiated at this time.

SUPERVISOR'S NAME: Eva Miller	TELEPHONE: (818) 596-4373
LICENSING EVALUATOR NAME: Michael Cava	TELEPHONE: (818) 389-7921
LICENSING EVALUATOR SIGNATURE:	DATE: 10/03/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/03/2023

LIC9099 (FAS) - (06/04)

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