On July 27 an appellate court ruled against a second plea on behalf of skilled nursing mogul Shlomo Rechnitz requesting that an upcoming elder abuse and wrongful death civil trial be moved closer to Rechnitz’s home and center of operations in Los Angeles County.
The suit is being brought by local law firm Janssen Malloy, LLP on behalf of the family of Ralph Sorensen, who died in January of 2016 due to an infected pressure ulcer that was allegedly related to understaffing at Seaview Rehabilitation & Wellness Center. Seaview was named as a defendant, as well as its associated corporate entities, including Rockport Healthcare Services, the facility’s administrator Lorena Smith and Brius Management Company. Rechnitz is Brius’s owner and is personally named in the lawsuit.
In the initial request for a venue change, Rechnitz’s attorney argued that he could not get a fair trial in Humboldt County due to negative media coverage and that the distance from Los Angeles would make it difficult for Rechnitz and his wife, Tamar, to attend the trial. The bid for a change of venue was rejected on May 26 by Humboldt County Superior Court Judge Timothy Cissna.
Rechnitz’s law firm, Lewis Brisbois Bisgaard & Smith, LLP, filed an appeal July 7 with the California First District Court of Appeals, stating that the respondent court (Humboldt County Superior Court) had “abused its discretion” in denying the motion for change of venue, and accusing Janssen Malloy of adding Smith as a defendant after the motion to change venue had been filed as an act of bad faith, an attempt to keep the trial in Humboldt. (Smith lives locally.)
“Humboldt County is the proper venue for only two of the causes of action against petitioners,” the appeal states. “Los Angeles County, however, is the proper venue for all the causes of action.”
The petition continues to cite the inconvenience of the Rechnitz and his associates (collectively referred to as “petitioners” in the document) defending themselves “in Humboldt County, over 700 miles from where petitioners reside, 300 miles from any major airport, and at least a 10-hour car ride from Los Angeles. Indeed, petitioners will be immensely inconvenienced if the case is heard in Humboldt County.”
In its response, Janssen Malloy argued that, according to the Code of Civil Procedure, Humboldt County is the appropriate jurisdiction, as it is where the incident happened, and that the petitioners’ argument that the mixed cause of action (several different violations creating cause to bring suit) should be reason to move the case out of the area is “flat wrong.”.
“Respectfully, Petitioners’ analysis is hopelessly flawed,” said the response, prepared by attorney Tim Needham, adding that the “bad faith” claim of adding Smith as a defendant is based on case law that “has not been the rule in California for over a century.”
The appellate court apparently agreed with Needham, denying the appeal on July 27. No court date has been set for the Sorensen case or another case also involving a patient death brought on behalf of the family of Randy Kruger, who also allegedly died as a result of infected pressure sores he developed in a local skilled nursing facility. Judging from the extended back and forth just over trial venue, it might be quite a while before the families of the deceased see their day in court.
“I am pleased that we will have the opportunity to have this matter heard before a Humboldt County jury,” said Needham in a phone interview yesterday morning. A call to the office of Lewis Brisbois Bisgaard & Smith, LLP was not returned.
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This article appears in Goodbye, Chief.
If you take on the duty to provide care whether paid or unpaid and fail to reasonable provide that care resulting in significant injury or death to the patient, it’s a class C Felony in Oregon. From what I know about this case, the nursing not only failed to provide the care, but abandon him. Someone should go to jail for this. Having been a part of licensing these facilities and investigating abuse in facilities for 10 years in Oregon, I saw a lot. These corporation hide behind a room of attorneys and vigorously fight any investigation where they were found abusive or not providing reasonable care. Yet they are willing to tell families..yes we can provide for your family member at horrible rates and fail to provide the care. I applaud the courts. As for a fair trial.. um no matter where it is once the facts are heard, um I think venue will be the least of their problems.
lucky for Mr. Shlomo there will be space at the airfield (Murray Field) for his private jet!!! And I am sure one or two of his local minions can chauffeur him back and forth….and I am certain Seaview can find a lovely room for he and the lovely Mrs Shlomo to stay, at a reasonable rate……and the meals will be elegant also….just ask the residents!!!!!!!!!