Shirley Getty, represented by attorney Christopher S. Buckley, has filed a lawsuit against Villa Verde, Dominica Oliva, Sequoia Home Health & Hospice, Pennant Services Inc., Cornerstone Healthcare Inc., and 50 unnamed defendants in the Superior Court of California for the County of Santa Clara. The case ID is 746436461 and it was filed on April 22, 2024. The complaint alleges elder neglect, negligence (custodial), violation of resident’s bill of rights (Health & Safety Code §1569.261), fraud (constructive), NIED, and professional negligence.
The plaintiff Shirley Getty is a resident of Santa Clara County and an elder as per Welfare and Institutions Code section 15600. She alleges to have suffered untold pain, suffering, and serious injury due to reckless neglect and abuse by all defendants. Defendant Villa Verde is identified as a residential care facility for the elderly operating at 4751 Calle De Tosca, San Jose, CA 95128. Dominica Oliva is stated to own, manage, control, maintain and operate Villa Verde.
Dominica Oliva is accused of controlling all critical aspects of Villa Verde's operation to such a degree that she is directly liable for the alleged wrongdoing perpetrated upon Shirley Getty. This includes understaffing and underfunding the facility to maximize profits at the expense of resident care. Numerous red flags allegedly put Oliva on notice of serious problems at her facilities but she continued admitting new residents without increasing staffing.
The plaintiff seeks judgment for damages caused by elder neglect, negligence (custodial), violation of resident’s bill of rights (Health & Safety Code §1569.261), fraud (constructive), NIED, and professional negligence from all defendants.