This case was last updated from Los Angeles County Superior Courts on 06/04/2019 at 07:00:08 (UTC).

JENNIFER ZESATTI VS IMPERIAL CREST HEALTH CARE CETNER LLC ET

Case Summary

On 12/22/2017 JENNIFER ZESATTI filed a Personal Injury - Other Personal Injury lawsuit against IMPERIAL CREST HEALTH CARE CETNER LLC ET. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are DEIRDRE HILL and YOLANDA OROZCO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7949

  • Filing Date:

    12/22/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

DEIRDRE HILL

YOLANDA OROZCO

 

Party Details

Plaintiffs and Petitioners

ZESATTI JENNIFER

JENNIFER ZESATTI AN INCOMPETENT ADULT

Defendants and Respondents

BARNETT BRYCE

LONGWOOD MANAGEMENT CORPORATION

IMPERIAL CREST HEALTH CARE LLC

DOES 1 TO 100

IMPERIAL CREST HEALTH CARE CENTER LLC

Guardian Ad Litem

FERNANDEZ BLANCA M. FIALLOS

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

DORDICK GARY A. ESQ.

TOREM YIGAL J. ESQ.

GARY A. DORDIC ESQ.

Defendant and Respondent Attorneys

LEWIS BRISBOIS BISGAARD & SMITH LLP

BADAWIYA RIMA M.

 

Court Documents

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

1/24/2018: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

1/24/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

3/19/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

PLAINTIFF'S OPPOSITION TO PETITION TO COMPEL ARBITRATION AND REQUEST FOR STAY OF ENTIRE ACTION; OBJECTION TO DECLARATION OF MATTHEW K. IZU; ETC.

7/30/2018: PLAINTIFF'S OPPOSITION TO PETITION TO COMPEL ARBITRATION AND REQUEST FOR STAY OF ENTIRE ACTION; OBJECTION TO DECLARATION OF MATTHEW K. IZU; ETC.

PLAINTIFF'S OBJECTIONS TO DECLARATION OF MATTHEW K. IZU

7/30/2018: PLAINTIFF'S OBJECTIONS TO DECLARATION OF MATTHEW K. IZU

DEFENDANTS' REPLY TO PLAINTIFF'S OPPOSITION TO NOTICE OF PETITION TO COMPEL ARBITRATION AND PETITION TO COMPEL ARBITRATION

8/3/2018: DEFENDANTS' REPLY TO PLAINTIFF'S OPPOSITION TO NOTICE OF PETITION TO COMPEL ARBITRATION AND PETITION TO COMPEL ARBITRATION

NOTICE OF CASE TRANSFER TO INDEPENDENT CALENDAR COURTROOM

8/9/2018: NOTICE OF CASE TRANSFER TO INDEPENDENT CALENDAR COURTROOM

ORDER TRANSFERRING PERSONAL INJURY (PI) CASE TO INDEPENDENT CALENDAR (IC) COURT

8/10/2018: ORDER TRANSFERRING PERSONAL INJURY (PI) CASE TO INDEPENDENT CALENDAR (IC) COURT

Minute Order

8/10/2018: Minute Order

(PROPOSED) ORDER RE DEFENDANTS' PETITION TO COMPEL ARBITRATION

8/28/2018: (PROPOSED) ORDER RE DEFENDANTS' PETITION TO COMPEL ARBITRATION

Notice of Case Reassignment and Order for Plaintiff to Give Notice

8/28/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Case Management Statement

11/6/2018: Case Management Statement

Case Management Statement

11/13/2018: Case Management Statement

Stipulation and Order to use Certified Shorthand Reporter

11/14/2018: Stipulation and Order to use Certified Shorthand Reporter

Notice of Ruling

11/21/2018: Notice of Ruling

Case Management Statement

3/18/2019: Case Management Statement

Minute Order

4/10/2019: Minute Order

COMPLAINT FOR DAMAGES 1. ASSAULT AND BATTERY ;ETC

12/22/2017: COMPLAINT FOR DAMAGES 1. ASSAULT AND BATTERY ;ETC

16 More Documents Available

 

Docket Entries

  • 04/10/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Case Management Conference - Held - Continued

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  • 04/10/2019
  • Minute Order ( (Case Management Conference)); Filed by Clerk

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  • 04/09/2019
  • Case Management Statement; Filed by Jennifer Zesatti (Plaintiff)

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  • 04/09/2019
  • Case Management Statement; Filed by an incompetent adult JENNIFER ZESATTI (Plaintiff)

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  • 03/27/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Case Management Conference - Not Held - Continued - Court's Motion

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  • 03/18/2019
  • Case Management Statement; Filed by IMPERIAL CREST HEALTH CARE CENTER, LLC (Defendant); LONGWOOD MANAGEMENT CORPORATION (Defendant)

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  • 03/08/2019
  • Notice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 12/24/2018
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 11/21/2018
  • Notice of Ruling (At Case Management Conference); Filed by an incompetent adult JENNIFER ZESATTI (Plaintiff); Jennifer Zesatti (Plaintiff)

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  • 11/21/2018
  • Notice of Ruling (On Petition to Compel Arbitration); Filed by an incompetent adult JENNIFER ZESATTI (Plaintiff); Jennifer Zesatti (Plaintiff)

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54 More Docket Entries
  • 01/24/2018
  • Notice; Filed by Clerk

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  • 01/24/2018
  • Application ; Filed by BLANCA M. FIALLOS FERNANDEZ (Legacy Party); an incompetent adult JENNIFER ZESATTI (Plaintiff)

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  • 01/24/2018
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 01/24/2018
  • Application ; Filed by Plaintiff/Petitioner

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  • 01/24/2018
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 01/24/2018
  • Application-Miscellaneous (FOR JENNIFER ZESATTI GUARDIAN AD LITEM(FAXED) ); Filed by Attorney for Pltf/Petnr

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  • 12/22/2017
  • Complaint

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  • 12/22/2017
  • COMPLAINT FOR DAMAGES 1. ASSAULT AND BATTERY ;ETC

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  • 12/22/2017
  • Complaint; Filed by an incompetent adult JENNIFER ZESATTI (Plaintiff); Jennifer Zesatti (Plaintiff)

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  • 12/22/2017
  • Summons; Filed by null

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Tentative Rulings

Case Number: BC687949    Hearing Date: December 05, 2019    Dept: SWB

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

JENNIFER ZESATTI,

Plaintiff,

Case No.:

BC687949

vs.

[Tentative] RULING

IMPERIAL CREST HEALTH CARE CENTER, LLC, et al.,

Defendants.

Hearing Date: December 5, 2019

Moving Parties: Petitioner Ronald Zetti (as GAL and conservator) for plaintiff Jennifer Zesatti

Responding Party: None

Amended Petition to Approve Compromise of Pending Action of Person with a Disability

The court considered the moving papers.

RULING

The court is inclined to grant petitioner’s Amended Petition to Approve Compromise of Pending Action on behalf of person with a disability claimant Jennifer Zesatti.

Pursuant to California Rules of Court, Rule 7.952(a), petitioner and claimant are required to attend the hearing on the petition but the court finds good cause to dispense with the appearance of claimant.

BACKGROUND

On December 22, 2017, Jennifer Zesatti, an incompetent adult, by and through her guardian ad litem, Blanca M. Fiallos, filed a complaint against Imperial Crest Health Care Center, LLC, Longwood Management Corporation, and Bryce Barnett for assault and battery, sexual battery, false imprisonment, dependent adult abuse, fraud, concealment, negligence, negligent hiring, supervision, and retention, IIED, and NIED.

The GAL passed way in March 2019, and Ronald Zetti substituted in as GAL.

Plaintiff alleges that on March 1, 2014, she was involved in a semitrailer-versus-sedan crash. She suffered severe brain, internal, and orthopedic trauma that left her with left-sided hemiplegia, seizures, and hypertension. She was left unable to perform the activities of daily living on her own; she is completely unable to care for herself. She required 24-hour care due to her physical and mental limitations. On April 29, 2014, she was admitted to Imperial Crest Health Care Center.

Plaintiff further alleges that defendant Barnett was a dependent adult on September 16, 2016. He had a history of sexually abusing and assaulting and raping other patients at the facilities in which he was a dependent adult resident prior to his admission at Imperial Crest. He was schizophrenic and HIV-positive. Prior to September 29, 2016, Barnett had exposed himself on multiple occasions to patients and staff.

Plaintiff further alleges that on September 29, 2016, at approximately 10:00 a.m., Barnett entered plaintiff’s room and closed and barricaded the door. He was not supposed to wander the hallways unattended. Plaintiff’s door is never supposed to be closed. Staff were not watching Barnett wander the hallways or monitoring plaintiff’s room. He had enough time to assault plaintiff’s roommate. He also had enough time to rape plaintiff. Plaintiff’s roommate repeatedly tried to summon staff to come to plaintiff’s aid. A certified nursing assistant finally noticed the closed door. When the CNA entered the room, Barnett was standing next to her bed with his penis exposed. She told him to leave the room. Later that morning, an employee called the Hawthorne PD but did not tell the police that Barnett has sexually assaulted plaintiff. They did not take her to the hospital or comfort her. Instead, they changed her diaper and cleaned her, spoliating potential evidence.

Plaintiff further alleges that at 1:00 p.m., a staff member called plaintiff’s sister and told her that a male patient had entered her room and exposed his penis to plaintiff but that “nothing else” had occurred. She rushed to Imperial Crest to check on plaintiff and when she arrived plaintiff was crying and told her that she had been raped. Another staff member approached the sister privately and revealed that she had been instructed not to tell anyone what had happened to plaintiff.

Plaintiff further alleges that a staff member approached her brother privately and told him that Barnett had admitted that he had penetrated plaintiff. He immediately demanded that Imperial Crest call for an ambulance to take her to a hospital for a rape kit. They refused. Plaintiff’s brother continued to insist, and they stated that they would call but hours passed. They did not call for an ambulance until after 5:00 p.m.

She also alleges that Imperial Crest intimidated and instructed their staff to lie about plaintiff and to cover up the rape. She alleges that the Conference Record made several false claims. They also failed to obtain timely psychological/psychiatric care for plaintiff and covered up her emotional status.

DISCUSSION

The court has reviewed the amended petition and finds the settlement amount to be fair and reasonable.

The parties settled for $4,000,000--$2,140,000 to be paid within 15 days after approval of the petition and $1,860,000 to be paid within 180 days after the initial payment. The Medi-Cal lien of $110.77 is to be paid from the proceeds. The attorney’s fees request is $1,324,165 and $5,194.62 for costs. The balance of proceeds available for claimant is $2,670,529.61. $2,500,000 will be invested in a single premium deferred annuity. Petitioner will deposit $170,529.61 into a blocked account at a financial institution, subject to withdrawal only as authorized by this court or the probate court. There is a conservatorship under 17STPB08592.

Accordingly, the court is inclined to grant the petition.