Wayne Glad Deceased By And Through His Personal Representative Lesley Couture vs Hartfield Care LLC

1. At all times when the wrongful acts alleged herein below were committed against him, Plaintiff WAYNE GLAD was over 65 years of age and an elder as that term is defined by Welfare and Institutions Code § .27. WAYNE GLAD was further a patient of HOME PHYSICIANS MEDICAL GROUP, INC. ("HPMG"), located in San Diego, California, County of San Diego, and a resident of HARTFIELD CARE, LLC dba BAYSHIRE TORREY PINES ("TORREY PINES"), a Residential Care Facility for the Elderly located in San Diego, California, County of San Diego. Despite his death, the legal claims belonging to WAYNE GLAD are statutorily authorized to survive as a matter of law and be brought through his personal representative, LESLEY COUTURE, specifically pursuant to the provisions of Welfare & Institutions Code § .3(d).

2. At all times mentioned herein, Defendant TORREY PINES was, and still is, a business located at Hartfield Avenue, San Diego, California , that owns and operates a Residential Care Facility for the Elderly licensed under Federal laws as well as the laws of the State of California that govern the operation of such facilities.

3. At all times mentioned herein, Defendant ACCENTCARE HOME HEALTH, INC. ("ACCENTCARE") was, and still is, a business located at , that owns and operates a home health company licensed under Federal laws as well as the laws of the State of California that govern the operation of such service providers. Notice was served upon ACCENTCARE pursuant to Code of Civil Procedure §364.

4. At all times mentioned herein, Defendant HPMG was, and still is, a business located at , that owns and operates a healthcare services provider licensed under Federal laws as well as the laws of the State of California. Notice was served upon HPMG pursuant to Code of Civil Procedure §364.

5. At all times mentioned herein, Defendant MICHAEL J. MARTELLI, D.O., is, and at all times relevant was, an osteopathic physician licensed to practice medicine in the State of California. At all times relevant to this action, MICHAEL J. MARTELLI, M.D., was an employee and/or agent of

HPMG and assigned as WAYNE GLAD's physician by HPMG while he resided at TORREY PINES. Notice was served upon MICHAEL J. MARTELLI, M.D. pursuant to Code of Civil Procedure §364.

6. At all times mentioned herein, Defendant CHRISTOPHER MICHAEL HUNT, M.D. is, and at all times relevant was, a physician licensed to practice medicine in the State of California. Upon information and belief, beginning on or before April 30, 2024 , Defendant CHRISTOPHER MICHAEL HUNT, M.D., was employed by HPMG to provide medical consultation services and medical care for WAYNE GLAD while he was residing at TORREY PINES. Notice was served upon CHRISTOPHER MICHAEL HUNT, M.D., pursuant to Code of Civil Procedure §364.

7. Defendants DOES 1 through 10, inclusive, are sued herein under fictitious names. Their true names and capacities are unknown to Plaintiffs. When their true names and capacities are ascertained, Plaintiff will amend this complaint by inserting their true names and capacities. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named Defendants is responsible in some manner for the occurrences herein alleged, and that Plaintiff's damages were proximately caused by those Defendants. Each reference in this complaint to "Defendant," "Defendants," or a specifically named Defendant refers to all named Defendants and those sued under fictitious names.

8. At all times mentioned herein, Defendants, and each of them, were each directly or indirectly responsible for the care and custody of their resident/patient, WAYNE GLAD, when each of the events alleged herein occurred. Upon information and belief, it is alleged that the acts of Defendants, their owners, officers, administration, management, employees, agents, and staff were a substantial factor in causing serious personal injury and death to their resident, WAYNE GLAD.

9. Plaintiffs are informed and believe and thereon allege that at all times material hereto and mentioned herein, each Defendant sued herein was the owner, agent, servant, employer, joint venturer, partner, subsidiary, alias, and/or alter ego of each of the remaining Defendants sued herein and was, at all times, acting within the purpose and scope of such employment, agency, servitude, ownership, subsidiary, alias and/or alter ego and with the authority, consent, approval, control, influence and ratification of each of the remaining Defendants sued herein.

10. Venue is proper in this jurisdiction in that the acts giving rise to this lawsuit, which are described more fully below, occurred within this court's jurisdictional area.