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Can claim be filed against Dept of Social Services if Licensing agent turns blind eye to elder abuse for financial gain?

San Diego, CA |

Elder abuse occurred at residential care facility, complaint was filed with Community Care Licensing a Division of Dept of Social Services. Licensing agent investigating allegations is same agent that licensed the facility. Agents report indicated allegations unfounded. within next 2yrs, other complaints filed against same facility, all mimicking same allegations. Same Licensing agent investigated all complaints. All allegations on every complaint reported by agent as unfounded. 4 1/2 yrs later Channel 8 News investigation revealed Licensing agent was taking bribes from administrator of Care Facility to dismiss any complaints against it., Due to conduct of agent elder abuse continues, investigation was impeded & wrongdoing discovered beyond statue of limitations.

Attorney Answers 7


  1. It is possible that CA has a statute which extends the limitations period when a fraud is involved. Consult with a local personal injury/elder law attorney to determine if there is still a viable claim.


  2. You should contact an attorney right away. Although misrepresentations may toll a Statute of Limiatations on a personal injury case, a State Investigator is not an eyewitness, and their report is irrelevant to you discovering the "injury." You discovered it first, and that is why they invesgitated is what I assume. Therefore, when the injury happend the statute started to run, unless they told you point blank, "Don't worry the Statute is not running!" Last, even if you have a good argument for the SOL, it may still be in contention in trial, and all of the costs and fees associated with the trial could still be lost.


  3. You need to contact a lawyer immediately. Statute of Limitations and Claims Statutes for governmental entities and employess are generally different then third party cases. Don't sleep on your rights or spending time posting. You need good legal representation now.

    Do not delay

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  4. Better act fast so you don't have a statute of limitations issue


  5. Contact an attorney ASAP.

    This is not legal advice and does not create an attorney-client relationship. This is only legal information. You should consult an attorney if you have any questions regarding this matter.


  6. I don't see from your fact statement where you personally have a cause of action, regardless of the statute of limitations. That doesn't mean that nothing is being done. There may well be a criminal investigation going on.

    Responses provided on Avvo are for general informational purposes only, based upon the limited information that is provided, and do not constitute legal advice. As such you should consult with your own attorney for specific advice. No attorney/client relationship exists with Kelly S. Davis unless set forth in a written engagement letter. The Wyoming State Bar does not certify any attorney as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.


  7. You're dealing with a Gov't Tort claim here, which typically has a 6 months claims statute for Personal Injury claims. There are a myriad of public entity immunities you will need to recon with as well, including a Misrepresentation Immunity found at Govt. Code section 818.8. Definitely don't do this on your own, get a lawyer to evaluate the claim.

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