Residents v Sunwest Management
Elder Care Provider Faces Class Action Lawsuit
A class action lawsuit has been filed against elder care provider Sunwest Management for alleged deficiencies and failure to comply with state law.
The suit was filed Wednesday in Orange County Superior Court on behalf of Sophie Bury and all California citizens who resided in, or are residing in, a California Sunwest facility between Jan. 15, 2003 and Jan. 15, 2007.
According to an attorney handling the lawsuit, the complaint alleges that Sunwest and its 16 California residential care facilities have failed to comply with state laws and regulations for elder care facilities and have made false claims as to its services.
The class action complaint alleges unlawful business practices, unfair and fraudulent business practices, false advertising and violations of the state Consumer Legal Remedies Act.
The lawsuit charges that Sunwest and its facilities deliberately understaff their communities by forcing each one to operate under a budget designed to increase business profits by charging for services that were not provided.
The suit alleges that "defendants have misrepresented to the consuming public - in particular, the elderly residents at defendants' facilities and their family members - that defendants will comply with applicable laws and regulations. Defendants' representations are deceptive, misleading and made with the intent to induce elderly citizens to become residents at defendants' facilities under a false pretense, namely that defendants will provide the care and supervision required by law."
The suit asks for a court order requiring Sunwest Management and its retirement communities to "cease acts that constitute unlawful, unfair and fraudulent business practices," and also asks statutory, actual and punitive damages according to proof. No monetary amount was specified.
