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32 | Continued LIC9099-C page 2
Allegation: Illegal Eviction
Staff 1-2 was interviewed S1 Lilybelle Calzado had limited knowledge of the eviction and referred LPA to the facility Administrator. LPA Bunker spoke to S2 Administrator Mona Alcaraz via telephone regarding the alleged illegal eviction. Administrator Mona stated R1 received a 30-day and a 60-day written eviction letter. Mona stated R1 was being evicted because R1 had a past due balance of nonpayment. S2 stated the eviction issues were resolved. Residents 1-2 (R1-R2) both stated that they received illegal eviction notices. R1 stated she is now current on her room and board. R2 stated that she is constantly receiving eviction notices, and today she received another unlawful detainer action from the Superior Court. LPA Bunker observed the written judgment. R2 stated she had no place to go if she is evicted. The Administrator stated R1 was giving notice of the evictions, she will need to check to see if Community Care Licensing received notice.
Investigation revealed the following: On 02/03/2022, Interviews were conducted with the staff 1-3 (S1-3), and residents 1-6 (R1-6) were not available for an interview. On 05/17/2022, interviews were conducted with staff 1-2 (S1-S2) and residents 1-2 (R1-R2). On 02/03/2022 LPA met with S1 Lilybelle Calzado she was unable to provide any information regarding the illegal eviction. S2 Administrator Mona Alcaraz and S3 Lead Operation Joseph Chen were interviewed via telephone regarding the alleged illegal eviction. Administrator Mona and Lead Operation Joseph stated R1 was being evicted because R1 had a past due balance of $12,000.00 for four (4) months of not paying room and board. LPA reviewed Community Care Licensing records and there was no record of the eviction being sent to the Regional Office regarding the eviction. On 04/07/2022 at 8:27 P.M., LPM Janae Hammond received the eviction notice via email. The letter was dated 3/28/2022 and indicated Bentley House #198601591 is giving the R1 a 60-day notice to pay or vacate. R1 and R2 stated that they both received an illegal eviction notice. The facility failed to provide Community Care Licensing (CCL) with a thirty (30) day written notice of nonpayment. However, CCL received a 60-day notice for R1 after the complaint was filed.
Based on LPA’s observations, interviews that were conducted, and records reviewed, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, Title 22, Division 6, and Chapter 8 are being cited on the attached LIC9099-D.
Appeal Rights were discussed, and copies of the Complaint Investigation Report LIC9099, LIC9099-C, and LIC9099-D were provided to Administrator Mona Alcaraz. Exit interview conducted. |