On Aug. 1, 2019, plaintiff’s decedent Stephen Kahan, 79, a retiree, fell at Terraza of Cheviot Hills, a Los Angeles-based assisted-living facility, where he resided. Kahan had been admitted to Terraza of Cheviot Hills on June 3, 2019. He fell shortly thereafter, on June 19, 2019, and again on June 26, 2019. He fell again on July 9, 2019, and allegedly suffered a subdural hematoma. Kahan fell three more times in July 2019: on July 10, July 14 and July 31. He fell once again on Aug. 1, 2019, and allegedly suffered another subdural hematoma. Kahan also suffered respiratory failure, a complication of a massive brain bleed. He died on Aug. 4, 2019. Kahan’s sister, Judith Whitesman, acting as her brother’s succerssor-in-interest, sued the operator of Terraza of Cheviot Hills, Terraza of Shelby Senior Care LLC. Whitesman alleged that Terraza was negligent in its failure to monitor Kahan and delay in providing Kahan treatment. She also alleged that Terraza’s actions constituted elder abuse in violation of Title 22, a California law outlining nursing home standards. Plaintiff’s counsel contended that the Terraza facility accepted Kahan knowing that he was at high risk for falls and charged Kahan extra for assistance with toileting and dressing. Counsel argued that the facility and its employees failed to notify Kahan’s family or his physician after each fall and that the facility failed to call 9-1-1, in violation of its own policies and procedures. Plaintiff’s counsel contended that Kahan suffered a subdural hematoma after one of his falls on July 19, 2019, but that the facility failed to transport Kahan to a hospital, thereby denying him treatment. Additionally, counsel contended that on Aug. 1, 2019, the facility and its employees waited three hours to call 9-1-1, which made Kahan no longer a candidate for brain surgery and which ultimately led to his death. Plaintiff’s counsel also argued that Terraza and its employees failed to protect Kahan from health and safety hazards by improperly admitting and retaining him at the facility, by failing to provide fall intervention, and by failing to update his service plan. Counsel further argued that the assisted-living facility denied Kahan appropriate medical care by failing to have a physician for Kahan, by failing to notify family members of Kahan’s deteriorating medical condition, and by failing to involve medical professionals in Kahan’s physical condition and service plan. In addition, counsel argued that the facility improperly retained Kahan despite there being a reason to believe that it could not keep him safe and that Terraza showed recklessness by violating Title 22 and failing to follow its own policies. Plaintiff’s counsel argued that the administrator of the Terraza facility, Matan Burstyn, ratified the conduct of Terraza’s employees by failing to reassess Kahan’s suitability for continued residence at the facility. Counsel further argued that Terraza’s director of health services, Cassandra Arnold, also ratified the conduct of Terraza’s employees by failing to include in the service plan that Kahan required assistance while dressing and toileting, and by failing to retain incident reports of the falls on July 14, 2019; July 31, 2019; and Aug. 1, 2019. Defense counsel argued that Kahan was merely the victim of his disease process and that plaintiff’s counsel failed to prove negligence, let alone elder abuse. Counsel also argued that Terraza’s facility and its employees did all it could to prevent falls, including providing Kahan with physical therapy, a call light, a pendent light, a walker, a clutter-free environment, a urinal and carpeting. In addition, defense counsel argued that the facility did not seek medical intervention for some of Kahan’s falls because of Kahan’s own wishes to refuse medical care and services., Kahan suffered a subdural hematoma, which led to respiratory failure, a complication of the massive brain bleed. He died on Aug. 4, 2019, three days after his fall. Plaintiff’s counsel contended that Kahan suffered multiple subdural hematomas from his falls at the assisted living facility. Kahan’s sister, Whitesman, acting on behalf of her brother’s estate, sought recovery of $269,301.32 in total damages, including $19,301.32 in economic damages for Kahan’s past medical expenses and $250,000 in noneconomic damages for Kahan’s pre-death pain and suffering under the elder neglect cause of action. Whitesman, also acting individually, sought recovery of $625,000 in wrongful death damages for her loss of care, comfort, society and consortium as a result of her brother’s death. Defense counsel contended that Kahan died from a spontaneous subdural hematoma and not from a traumatic event.