Hernandez v. Golden Gate Equity Holdings, LLC
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Frequently Asked Questions

Please find below answers to frequently asked questions
  1. WHAT IS THIS LAWSUIT ABOUT?
  2. WHAT ARE YOUR OPTIONS?
  3. WHO REPRESENTS YOU?
  4. WHO IS INCLUDED IN THIS SETTLEMENT?
  5. What property does the Deceased Declaration refer to as excluded in #4?

  1. WHAT IS THIS LAWSUIT ABOUT?

    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.

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  2. WHAT ARE YOUR OPTIONS?

    If you wish to participate in the settlement, here is what you need to do. Current Residents of the Facilities do not need to submit claim forms. If you are a Former Resident or Successor Class Member, you need to complete and mail the claim form post-marked by August 30, 2013 to Gilardi & Co., LLC, P.O. Box 8060, San Rafael CA 94912-8060.

    If you do not want to remain a Class Member, you may choose to exclude yourself from the Lawsuit by mailing an opt-out request post-marked by July 23, 2013 to Gilardi & Co., LLC, P.O. Box 6002, Larkspur CA 94977-6002.

    If you wish to remain a Settlement Class Member but object to the proposed settlement, you must notify the Court and the Parties' counsel of your intent. Any objections to the proposed settlement must be in writing. You may also appear at the Final Approval Hearing, either in person or through an attorney at your own expense, provided you notify the Court of your intent. All written objections, supporting papers and/or notices of intent to appear at the Final Approval Hearing: (a) must clearly identify the case name and number (Hernandez et al. v. Golden Gate Equity Holdings, LLC et al., San Francisco County Superior Court, Case No. CGC-10-505288); (b) must be submitted to Gilardi & Co., LLC, P.O. Box 6002, Larkspur CA 94977-6002, and the law firms identified below; and (c) must be post-marked on or before July 23, 2013.

    Class Counsel:
    McKenna Long & Aldridge, LLP
    c/o Chris Rowlett
    600 West Broadway, Suite 2600
    San Diego, CA 92101
    (619) 595-5408

    Defendants' Counsel:
    Dechert LLP
    c/o H. Joseph Escher III
    One Maritime Plaza, Suite 2300
    San Francisco, CA 94111
    (415) 262-4500

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  3. WHO REPRESENTS YOU?

    The Court has appointed Stebner and Associates; The Arns Law Firm; The Law Offices of Michael D. Thamer; Janssen, Malloy, LLP; and McKenna, Long & Aldridge, LLP as Class Counsel.

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  4. WHO IS INCLUDED IN THIS 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.

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  5. What property does the Deceased Declaration refer to as excluded in #4?

    California PROBATE CODE SECTION 13050

    13050. (a) For the purposes of this part: (1) Any property or interest or lien thereon which, at the time of the decedent's death, was held by the decedent as a joint tenant, or in which the decedent had a life or other interest terminable upon the decedent's death, or which was held by the decedent and passed to the decedent's surviving spouse pursuant to Section 13500, shall be excluded in determining the property or estate of the decedent or its value. This excluded property shall include, but not be limited to, property in a trust revocable by the decedent during his or her lifetime.

    (2) A multiple-party account to which the decedent was a party at the time of the decedent's death shall be excluded in determining the property or estate of the decedent or its value, whether or not all or a portion of the sums on deposit are community property, to the extent that the sums on deposit belong after the death of the decedent to a surviving party, P.O.D. payee, or beneficiary. For the purposes of this paragraph, the terms "multiple-party account," "party," "P.O.D. payee," and "beneficiary" are defined in Article 2(commencing with Section 5120) of Chapter 1 of Part 2 of Division 5.

    (b) For the purposes of this part, all of the following property shall be excluded in determining the property or estate of the decedent or its value:

    (1) Any vehicle registered under Division 3 (commencing with Section 4000) of the Vehicle Code or titled under Division 16.5 (commencing with Section 38000) of the Vehicle Code.

    (2) Any vessel numbered under Division 3.5 (commencing with Section 9840) of the Vehicle Code.

    (3) Any manufactured home, mobilehome, commercial coach, truck camper, or floating home registered under Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code.

    (c) For the purposes of this part, the value of the following property shall be excluded in determining the value of the decedent's property in this state:

    (1) Any amounts due to the decedent for services in the Armed Forces of the United States.

    (2) The amount, not exceeding fifteen thousand dollars ($15,000), of salary or other compensation, including compensation for unused vacation, owing to the decedent for personal services from any employment.


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