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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 374600675
Report Date: 10/18/2024
Date Signed: 07/31/2025 10:15:21 PM

Unsubstantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/17/2023 and conducted by Evaluator Marisela Garcia-Centeno
COMPLAINT CONTROL NUMBER: 08-AS-20231117103051
FACILITY NAME:VI AT LA JOLLA VILLAGEFACILITY NUMBER:
374600675
ADMINISTRATOR:BOUDREAU, STEPHANIEFACILITY TYPE:
741
ADDRESS:8515 COSTA VERDE BLVDTELEPHONE:
(858) 646-7700
CITY:SAN DIEGOSTATE: CAZIP CODE:
92122
CAPACITY:783CENSUS: 513DATE:
10/18/2024
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Associate Executive Director, Amy PattersonTIME COMPLETED:
02:45 PM
ALLEGATION(S):
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Facility staff threatened resident
Facility staff confiscated resident’s personal property
Staff did not provide reasonable accommodations per physician’s orders
INVESTIGATION FINDINGS:
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This is an amended report originally signed on 10/18/2024.
Licensing Program Analyst (LPA) Marisela Garcia-Centeno conducted an unannounced visit to deliver investigative findings. LPA was greeted by Associate Executive Director, Amy Patterson to whom she identified herself and discussed the purpose of the visit.

The Department investigated the above-listed complaint allegations. The investigation consisted of a tour of the facility, multiple interviews, and review of records, including medical records.

On November 17, 2023, Community Care Licensing (CCL) received a complaint alleging that facility staff threatened resident (R1), [a LIC 811 Confidential Names List was provided to staff to identify the resident]. It was specifically alleged that on July 11, 2014, facility staff threatened R1 when they ordered valet parking only and took away their self-parking status.
(continue at LIC9099C)
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jerry Romero
LICENSING EVALUATOR NAME: Sabel Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2024
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 6
Control Number 08-AS-20231117103051
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108
FACILITY NAME: VI AT LA JOLLA VILLAGE
FACILITY NUMBER: 374600675
VISIT DATE: 10/18/2024
NARRATIVE
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Continue from LIC9099

During interviews with outside sources, it was indicated that the implementation of the valet-only policy change violated the terms of R1’s Continuing Care Residency Agreement (CCRA). A review of R1’s CCRA indicated that R1 executed and signed the residency agreement on December 31, 2011, and moved in to live in the community on January 5, 2012. On page 4 of the CCRA, section 2.1.9, stated the following regarding resident parking, “One car per home may be kept at the Community, provided you have a valid driver's license, insurance, and a currently registered automobile…. Provider may require some or all parking to be on a valet basis”. In addition, a review of the resident handbook, page 24 indicated the following, “We may require some or all resident parking to be on a valet basis. Currently, we permit you to decide whether you prefer to valet park or self-park your automobile." Interviews with facility staff indicated that on July 11, 2014, (2.5 years after R1 moved in), a formal memorandum was distributed to all the self-parkers including R1 informing them of the transition to valet parking only effective September 1, 2014. A review of the memorandum indicated no violations of Title 22 regulations regarding proper notification to residents regarding changes that affect the community. At the time of the change, 24 residents were utilizing self-parking, including R1, the remaining 500+ residents did not self-park. Interviews with other residents who self-parked did not disclose any concerns. During staff interviews, it was indicated that initially, R1 returned their garage door remote without any objections. On September 2, 2014, R1 requested for valet to park their vehicle in space 216 to have easy access. Although there were no allowances for assigned spaces due to limited garage space, the facility agreed to accommodate R1’s request. R1 agreed not to drive their vehicle out of the garage on their own. In addition, on March 27, 2015, R1 requested a standing reservation to have their vehicle ready at the east entrance each day at the same time. This would avoid R1 needing to call ahead like all the other residents. The facility accommodated R1’s request for a standing reservation. In March 2016, R1 requested valet to stop bringing their vehicle to the east entrance. Despite several discussions with R1 regarding not adhering to the parking policy, R1 continued to drive their vehicle out of the garage. In addition, during staff interviews, it was indicated that R1 was observed driving in the wrong direction in paths marked for one-way traffic. During an interview, the facility administrator explained that when the community was in fill-up mode and occupancy was low, they were able to allow residents to self-park their vehicles.

(Continue at LIC9099C)
SUPERVISORS NAME: Jerry Romero
LICENSING EVALUATOR NAME: Sabel Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 08-AS-20231117103051
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108
FACILITY NAME: VI AT LA JOLLA VILLAGE
FACILITY NUMBER: 374600675
VISIT DATE: 10/18/2024
NARRATIVE
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Continue from LIC9099C

However, the residency agreements and handbooks notified residents that valet parking would be required in the future when the number of vehicles reached a critical mass in the garage. The garage was designed for valet parking and the community always intended for all parking to be “valet”. During a tour of the parking garage, conducted on July 29, 2024, it was observed tight spaces, one-way driving paths, narrow turns, and vehicles were double and/or triple parked to accommodate the necessary number of vehicles. During an interview, the facility administrator explained that when the community reached maximum occupancy levels, the number of vehicles in the garage was over capacity as well and it made self-parking unmanageable and unsafe for both the residents and staff. R1 objected to valet parking, refused to comply, and continued to drive their vehicle out of the garage contrary to community parking policy and safety rules. On July 29, 2024, during an interview, R1 admitted driving the wrong way in the garage stating that the valet attendants were also driving the wrong way. Based on the information obtained from observations, records reviewed which included available correspondence between R1 and facility staff, and interviews conducted there was insufficient evidence to indicate that staff threatened R1.

It was also alleged that facility staff confiscated resident’s personal property. It was specifically alleged that on September 16, 2016, valet staff moved R1’s vehicle from the regular parking space #216 to #223B. On August 25, 2016, R1 was provided with notice that facility staff would be taking further actions if R1 continued to drive their vehicle out of the garage. Between August 29 – September 13, 2016, R1 continued to retrieve and drive their vehicle out of the garage. On September 15, 2016, the facility staff issued a final notice to R1 that if they did not agree to comply with the parking policy, they would need to take immediate action to protect the safety of other residents and staff. Space #223B was designated as a tandem space. Tandem parking is when two people share two parking spaces, and only one space is in front of the other. This means that someone is parking behind you (or vice-versa) and one car needs to move into the spot first, then the second lines up behind it. The vehicle parked in space #223A was in front of R1’s vehicle which prevented R1 from driving the vehicle out of the garage on his own. R1 had the 2nd set of keys for their vehicle and continued to have access to retrieve personal belongings in and out of their vehicle. However, to be able to drive out of the garage, R1 would need to use valet service.

(continue from LIC9099C)
SUPERVISORS NAME: Jerry Romero
LICENSING EVALUATOR NAME: Sabel Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 08-AS-20231117103051
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108
FACILITY NAME: VI AT LA JOLLA VILLAGE
FACILITY NUMBER: 374600675
VISIT DATE: 10/18/2024
NARRATIVE
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(continue from LIC9099C)

On July 29, 2024, during a tour of the garage, it was confirmed that the distance between both spaces was approximately 15 feet apart. Based on observations and the information obtained during interviews with R1 and staff, there was insufficient evidence to corroborate the allegation that staff confiscated R1’s vehicle as they continued to have access.

Lastly, it was alleged that staff did not provide reasonable accommodations per physician’s orders. It was specifically alleged that R1 was denied a reasonable accommodation to self-park due to a chronic medical condition. On January 11, 2024, R1 provided a note from a nurse practitioner stating, “Please consider this a prescription request for resident to have special accommodation to self-park be restored per R1's prior arrangement, next to the garage elevator on the P1 self-parking level.” The note further stated that, “R1 believes their medical condition is aggravated by the frequent seat adjustments by the valet parking attendants”. In addition, a physician’s note dated May 11, 2024, was also provided that stated, R1 seeking self-parking medical accommodation for a chronic medical condition that is a long-term issue. A detailed review of R1’s medical records, including the initial medical certification prior to admission (dated November 9, 2011,) service care plan for 2023 and 2024, resident annual self-evaluations from 2015 – 2024, annual resident appraisals from 2015 – 2024, disclosed no official diagnosis of the chronic medical condition. During interviews with R1 and with staff, it was indicated that the medical certification on file with the facility was from 2011 which indicated no primary or secondary diagnosis. Staff indicated the medical certification had not been updated because there had not been any changes in R1’s medical condition. On August 8, 2024, R1 provided an updated physician’s report with a primary diagnosis as “acupuncture and anti-inflammatory”, which R1 indicated to be treatments for their chronic medical diagnosis. Further review of R1's medical records did not provide a history of the chronic medical diagnosis as an official diagnosis for a long-term chronic medical condition claimed to be caused by the frequent seat adjustments by the valet parking attendants.

(continue from LIC9099C)
SUPERVISORS NAME: Jerry Romero
LICENSING EVALUATOR NAME: Sabel Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 08-AS-20231117103051
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108
FACILITY NAME: VI AT LA JOLLA VILLAGE
FACILITY NUMBER: 374600675
VISIT DATE: 10/18/2024
NARRATIVE
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(Continue from LIC9099C)

R1’s request for reasonable accommodation was denied due to the high level of safety risks involved in allowing residents to drive in and out of the underground parking garage that utilizes the tandem parking system that has been managed by a 7/24 professional and independent parking management company since 2005. In addition, facility management had serious safety concerns about allowing R1 to drive in the parking garage given their history of refusing to follow the marked flow of traffic signs. During interviews, it was indicated that R1 was observed driving opposite direction of the flow of traffic despite the visibly marked arrows. The Health and Safety Code, section 1569.269(a)(16), includes regulations that require facilities to take into consideration the health and safety of other residents in the community. The regulation states, that residents of residential care facilities for the elderly shall have the following rights, to reasonable accommodation of individual needs and preferences in all aspects of life in the facility, except when the health or safety of the individual or other residents would be endangered. For safety reasons, facility management decided not to allow any resident to drive including R1.

Furthermore, facility management offered and put into place several procedures to accommodate R1’s medical concerns such as ensuring valet parking staff returned the seat to the preset setting by pressing the program button for seat adjustments. In addition, the facility offered to have ongoing discussions with the valet staff about the importance of resetting the driver's seat in R1’s vehicle when the valet exits the vehicle. The facility building management consistently asked every valet to be reminded to double-check R1’s vehicle when they exit the vehicle. The valet attendants also programmed R1’s vehicle car seat so that each of the three (3) “reset seat” buttons automatically adjusts the seat to R1’s personal settings. Facility staff also suggested to R1 that they visually take the time to check the seat before they sit down.


(continue on LIC9099C)
SUPERVISORS NAME: Jerry Romero
LICENSING EVALUATOR NAME: Sabel Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 08-AS-20231117103051
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108
FACILITY NAME: VI AT LA JOLLA VILLAGE
FACILITY NUMBER: 374600675
VISIT DATE: 10/18/2024
NARRATIVE
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(Continue from LIC9099C)

On September 4, 2024, R1’s physician provided a signed statement stating that the reasonable accommodations provided by the facility addressed R1’s medical condition. During interviews, this information was verified with outside sources.

During the investigation, it was revealed that Resident 1 (R1) had an ongoing dispute with the facility regarding R1’s contractual right to self-park their vehicle. This dispute led R1 to file a lawsuit against the facility, resulting in a temporary injunction order that was subsequently lifted. R1 later voluntarily dismissed the legal action.

The Department’s Continuing Care Contracts Bureau (CCCB) reviewed the contractual dispute and determined that the facility was not in violation when it implemented a policy requiring all residents to utilize valet parking.

Based on the results of the investigation, which consisted of observations, interviews with staff, outside sources, and review of resident and facility records there was insufficient evidence to support the allegations listed in this report. Therefore, these allegations were unsubstantiated. A finding that is unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of the evidence that the alleged violation occurred.

An exit interview was conducted with Associate Executive Director, Amy Patterson, to whom a copy of this report, Confidential Names List (LIC 811), and Licensee Appeal Rights (9058) were provided at the conclusion of the visit.
SUPERVISORS NAME: Jerry Romero
LICENSING EVALUATOR NAME: Sabel Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6