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32 | Allegation: Illegal eviction
It was alleged that the Administrator sent an e-mail stating they were evicting the resident because the Administrator did not have the "manpower" to take care of Resident #1 and the e-mail had no end date. LPA conducted an interview with the owner Mart Pamintuan, Residents #2 - #3 (R2 - R3), attempted interview with Resident #4 (R4), and no interview with Resident #1 (R1) as the resident moved out on 10/06/22. Based on residents' interviews two out of four residents stated staff were having issues with being able to change R1 due to Resident #1's weight and would need two (2) people in order to reposition the resident. During interview, Owner Pamintuan and Administrator Stein stated staff would not want to come to work. As a result, the owner e-mailed an Eviction Notice on 02/04/23 to R1’s family members. During interview, Owner Pamintuan was aware of a 30-day eviction protocol and did not include an end date and reappraisal. LPA reviewed the Eviction Notice letter that stated the facility was unable to keep R1 due to manpower; and, they will need to find another location. Based on documentation obtained there is sufficient evidence to support the above allegation of illegal eviction, therefore the allegation is substantiated.
Based on LPA observations and interviews and records review, 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 LIC 9099D.
Exit interview conducted, appeal rights were explained, and a copy of this report was provided to Administrator, Karla Stein.
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