Hernandez v. Golden Gate Equity Holdings, LLC
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Welcome to the Hernandez v. Golden Gate Equity Holdings, LLC Settlement Website

San Francisco County Superior Court * Case No. CGC-10-505288

On or about November 10, 2010, Plaintiffs filed a putative class action styled Hernandez v. Golden Gate Equity Holdings, LLC, case number CGC 10-505288, in San Francisco Superior Court, against the Settling Defendants alleging, in part, that Settling Defendants understaffed their skilled nursing facilities within the State of California. On or about September 23, 2011, Plaintiffs filed a second amended complaint making similar allegations.

The Parties have investigated the facts and applicable law, have engaged in extensive arms-length negotiations, and participated in three mediation sessions before Hon. Edward A. Infante (Ret.) and Catherine A. Yanni, Esq. of JAMS' San Francisco office. In addition to the mediation sessions, the Parties and their counsel engaged in many additional conference calls, and other communications intended to further the process of the resolution of the Action. Negotiations were at arms length.
Taking into account the burdens and expense of litigation, including the risks and uncertainties associated with a protracted trial and appeal, Class Counsel has concluded that the substantial benefits provided in this Agreement are in the best interests of the Settlement Classes.

Settling Defendants deny all allegations of wrongdoing, fault or liability alleged in the Complaint and Amended Complaints, but have agreed to this settlement in order to avoid the substantial expense, inconvenience, risk and distraction of further litigation.

The Parties intend to resolve the Action and settle all claims asserted therein by the Named Plaintiffs and the Settlement Classes in accordance with the terms and conditions set forth in this Agreement.

Golden Living Center-Galt
Golden Living Center-Chateau
Golden Living Center-Hy-Pana
Golden Living Center-Portside
Golden Living Center-Redding
Golden Living Center-Clovis
Golden Living Center-Fowler
Golden Living Center-Country View Alzheimer's Care
Golden Living Center-Hillcrest
Golden Living Center-Hy-Lond
Golden Living Center-Reedley
Golden Living Center-Sanger
Golden Living Center-Shafter
Golden Living Center-Bakersfield
Golden Living Center-Fresno
Golden Living Center-Napa
Golden Living Center-Petaluma
Golden Living Center-Santa Rosa
Golden Living Center-London House Sonoma

The Lawsuit was filed against the above-referenced Facilities and GGNSC Holdings LLC; Golden Gate National Senior Care LLC; GGNSC Holdings LLC; Drumm Corp.; Fillmore Strategic Investors LLC; Fillmore Strategic Management LLC; Fillmore Capital Partners LLC; Ronald E. Silva; GGNSC Clinical Services LLC; GGNSC Administrative Services LLC; Beverly Enterprises, Inc.; Beverly Health and Rehabilitation Services, Inc.; Beverly Healthcare - California, Inc.; GGNSC Fresno LP; GGNSC Stockton LP; and GGNSC Shafter LP (collectively, "Defendants"). Plaintiffs allege that Defendants failed to comply with California's nurse staffing requirements. Defendants deny these allegations. The parties have agreed to settle and the Court has preliminarily approved the settlement.

The “Resident Class” is defined as all persons who resided at one or more of the defendants’ California skilled nursing facilities (the “Defendant Facilities”) at any time from and including November 10, 2006 through and including March 15, 2013 (the “Settlement Class Period”). Current Residents are Resident Class Members who reside in a Defendant Facility as of the Class Notice Date. Former Residents are Resident Class Members who left a Defendant Facility prior to the Class Notice Date. Current Residents who leave a Defendant Facility or die after the Class Notice Date but prior to the date that the Cash Payments are made shall be treated as Former Residents.

The “Successor Class” is defined as:

(a) all persons who are named as a beneficiary in the will or living trust of any Resident Class Member who is deceased as of the Claim Bar Date; or

(b) if there was no will or living trust, then:

  1. The surviving spouse or domestic partner of the Resident Class Member.
  2. If none of the above, the child of the Resident Class Member, or child of a pre-deceased child of the Resident Class Member.
  3. If none of the above, the surviving parent of the Resident Class Member.
  4. If none of the above, the sibling of a Resident Class Member, or a child of a pre-deceased sibling of the Resident Class Member.
  5. If none of the above, the grandparent of a Resident Class Member, or a child or grandchild of the pre-deceased grandparent of the Resident Class Member.

If you have any questions about whether you are a class member or a successor in interest to a resident class member, please contact the settlement administrator at (888) 275-5728.

Although the information in this website is intended to assist you, it does not replace the information contained in the Class Notice or the Settlement Agreement, both of which can be downloaded from this website.