Jean Tyler Ellis et al vs Your Home-RCFE Inc et a

Case Number

23CV05284

Case Type

Hearing Date / Time

Mon, 07/07/2025 - 10:00

Nature of Proceedings

Motion for Copy of Unredacted Coroner's Report

Tentative Ruling

Jean Tyler Ellis, et al. v. Your Home-RCFE, Inc. dba Casa Mountain View, et al.   

Case No. 23CV05284

           

Hearing Date: July 7, 2025                                                     

HEARING:              Motion of Defendants Your-Home-RCFE, Inc. dba Casa Mountain View and Viktoriia Andreichenko for a Copy of Un-Redacted Coroner’s Report

ATTORNEYS:        For Plaintiffs Jean Tyler Ellis, by and through her Successor in Interest, Carolyn Chapin and Carolyn Chapin individually, and Matthew Ellis individually: Gregory L. Johnson, Jody C. Moore, Joanna A. Hutchins, Johnson Moore

                                    For Defendant Your Home-RCFE, Inc. dba Casa Mountain View:             Beatriz P. Flores, Law Office of Beatiz P. Flores, PC

                                    For Defendant Viktoriia Andreichenko: Self Represented

                                    (NOTE: Viktoriia Andreichenko filed her answer to plaintiffs’ complaint as self-represented. By way of the present motion, Beatriz P. Flores indicates that she represents Ms. Andreichenko and brings the motion on her behalf as well as on behalf of the other defendants. No substitution of attorney has been filed substituting Ms. Flores in as Ms. Andreichenko’s attorney. Ms. Andreichenko is technically self-represented until the proper procedure has been followed.)

                                   

                                                           

TENTATIVE RULING:

Defendants’ motion for a copy of the unredacted coroner’s report, and related documents, is granted. Absent further order of the court, any documents obtained by way of this order are to be kept confidential and are only to be used or disclosed in connection with the present action.

Background:

This action commenced on November 30, 2023, by the filing of the complaint by plaintiffs Jean Tyler Ellis (Jean), by and through her Successor in Interest, Carolyn Chapin (Chapin) and Carolyn Chapin individually, and Matthew Ellis (Matthew) (collectively “plaintiffs”) individually, against defendant Your Home-RCFE, Inc. dba Casa Mountain View (Casa) for Elder Abuse and Neglect, Negligence, and Wrongful Death. (Note: Due to common surnames some plaintiffs will be referred to by their given names for clarity. No disrespect is intended.)

As alleged in the complaint:

Jean was born on April 10, 1932, and died on April 17, 2023, and at all times relevant was an “elder” as defined by Welfare & Institutions Code section 15610.27. (Compl., ¶¶ 1, 2.) Chapin is Jean’s daughter and successor-in-interest. (Compl., ¶ 3.) Chapin and Matthew bring their wrongful death claims in their individual capacities as Jean’s lawful heirs. (Compl., ¶ 4.)

Casa is a Residential Care Facility for the Elderly. (Compl., ¶ 5.)

In Spring 2022, Jean was 89 years old and living with dementia and was a fall risk. (Compl., ¶ 13.) On February 16, 2022, Jean became a resident at Casa. (Compl., ¶ 14.) Due to her physical and cognitive conditions, Jean was dependent upon Casa’s staff to assist with all of Jean’s activities of daily living. (Ibid.)

Casa failed to provide Jean with the monitoring, supervision, and assistance that her condition required, in part because Casa did not conduct a thorough appraisal of Jean’s functional capabilities and mental condition, and did not create an individualized needs and services plan to address Jean’s fall risk factors and implement interventions to ensure Jean did not fall. (Compl., ¶ 21.)

As a result of defendants’ failures, Jean suffered two falls in a 24-hour period, causing her left hip to break, resulting in hospitalization, and eventually in hospice care. (Compl., ¶¶  22, 23, 24.) Jean’s death certificate indicates that she “died from complications of a witnessed fall at an assisted living facility.” (Compl., ¶ 25.)

On March 25, 2024, Casa answered the complaint with a general denial and 15 affirmative defenses.

On July 2, 2024, Viktoria Andreichenko was substituted into the case in place of Doe 1.

On October 15, 2024, Andreichenko answered the complaint with a general denial and 15 affirmative defenses.

Defendants now move for an order that the Santa Barbara County Coroner’s Office provide defendants with an unredacted copy of the coroner’s report relating to Jean, as well as all documents that refer or relate to the preparation of the coroner’s report.

Plaintiffs have filed a non-opposition to the motion.

Analysis:

“Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property.” (Code Civ. Proc., § 2017.010.)

A coroner’s report by the Santa Barbara County Coroner’s Office was prepared in relation to Jean’s death. (Flores Dec., ¶ 4.) On October 31, 2024, defense counsel served a deposition subpoena for the production of business records on the coroner’s office seeking: (1) The Santa Barbara County Sheriff’s Coroner’s Report numbered 23-4020, (2) “All documents, notes, charts, writings, voice recordings, photographs, videos, text and emails that were prepared by or for Officer C. Biedenger that refer or relate to all individuals that Officer C. Biedenger spoke with or corresponded with in preparation of the drafting of the Santa Barabara County Coroner’s Report numbered 23-4020, including but not limited to Jean Tyler Ellis’ patient care report from Santa Barbara Cottage Hospital, regarding her hospitalization on April 9, 2023,” and (3) “All documents that refer or relate to Jean Tyler Ellis that were reviewed or referenced in preparing Santa Barbara County Sheriffs Coroner’s Report numbered 23-4020.” (Flores Dec., ¶ 6.)

In response to the subpoena, defense counsel received a redacted report. (Flores Dec., ¶ 7 & Exh. A.)

“The statute governing coroner’s reports deems them “ ‘confidential,’ ” but it does not limit their use or disclosure in litigation. [Citation.] “ ‘Confidentiality does not equate with privilege.’ ” [Citations.]” (Board of Registered Nursing v. Superior Court of Orange County (2021) 59 Cal.App.5th 1011, 1047, fn. 7.)

Here, given the allegations of the complaint, the unredacted coroner’s report, as well as the other requested documents, are discoverable as relevant to defendants’ ability to provide a defense in this action.

The motion will be granted. However, the court will order that the documents be kept confidential and only be used or disclosed in connection with the present action.