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32 | Unlawful eviction.
It was alleged that facility issued an unlawful eviction notice to Resident #1 (R1); the concern of the Reporting Party (RP) is that the facility is trying to evict R1 as part of retaliatory measures for the facility being reported to the regulatory agency (Community Care Licensing Department). LPA Huynh conducted an initial visit and requested documents pertinent to the investigation. LPA Urena conducted record review of the copy of the Admission Agreement and House Rules and the eviction notice given to R1. Furthermore, LPA Urena asked the ED and the RP pertinent questions via email.
LPA Urena reviewed the Eviction Notice, which states in the opening paragraph: “Over the past weeks we have had numerous discussions... a summary of the incidents that have been observed and documented”. Per the ED, the incidents were discussed in person with R1, however the ED did not provide written documentation to the LPAs about the discussions that took place with R1, other than the Eviction Notice. Furthermore, after LPA Urena reviewed the Admission Agreement (page #14, paragraph #20.) which discusses the Meet and Conference/Mediation process states the following: MEET AND CONFER/MEDIATION: You(resident) and Ivy Park agree that in the event of any dispute arising out of or related to this Residence and Services Agreement including but not limited to contract disputes or personal injury claims, the parties, before taking any legal action, will first meet and confer informally in good faith to try to resolve any such dispute. In the event that the parties are unable to resolve their dispute(s) through such informal meeting, the parties agree that they then will submit the dispute to formal non-binding mediation to be conducted by a qualified, neutral mediator agreed to by the parties. The fees and expenses relating to such mediation shall be borne equally by You and Ivy Park, except that each party shall pay its own attorneys' fees and expenses. LPA Urena asked the ED via email if this mediation process was offered to R1, and the ED, replied, “Yes, a meeting between the Ivy’s (ED and VPO) and R1’s family member, on behalf of R1, was conducted via phone on 7/10/2026. This was informal and without any legal presence.” The LPA record’s review identified R1 as being responsible for themselves. Furthermore, when LPA Urena interviewed the RP via email about R1 being offered a mediation meeting, the RP reported that the mediation meeting was not offered to R1.
Based on the information obtained through record review and interviews, the facility staff did not follow their own Admission Agreement rules, consequently the facility did not give R1 to opportunity to resolve the disputes described in the Eviction Notice served to R1 on July 1, 2026 through the mediadtion process. Therefore, the allegation of Unlawful Eviction is deemed Substantiated at this time. Pursuant to CCR, Title 22, Division 6, Chapter 8, the following deficiencies are cited (Refer to LIC 9099-D). Exit interview conducted. Citation issued. A copy of the report and Appeal Rights was issued
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