Stebner, Gertler, & Guadagni handles these cases on a contingency fee basis, meaning there's no upfront cost and no attorney's fees unless we recover compensation for your family.
San Jose Assisted Living Abuse
Who licenses assisted living facilities in San Jose?
The California Department of Social Services, through its Community Care Licensing Division, licenses and inspects assisted living facilities and can issue citations — though those citations don't compensate your family directly.
Can I sue if my loved one has dementia and can’t describe what happened?
Yes. In memory care cases, staffing records, camera footage where available, prior complaints, and expert medical review often carry the case in place of the resident's own account.
What should I do if I notice bruising or unexplained injuries on my loved one?
Photograph what you see, note the date, and raise it directly with facility staff in writing. If the explanation feels inconsistent or the facility is dismissive, report it to Santa Clara County APS or the Long-Term Care Ombudsman and consider speaking with an...
Is understaffing enough to prove a facility was negligent?
Understaffing alone doesn't automatically prove negligence, but when it's tied to a specific injury — a call light that went unanswered, a fall risk that wasn't monitored — it becomes central evidence. We compare a facility's actual staffing data against what its care...
How long do I have to file an assisted living abuse claim in California?
Most elder abuse and neglect claims must be filed within two years, though the exact deadline depends on the specifics of the case. Early legal involvement helps preserve staffing records and internal documentation before they're altered.
What damages are available under California’s Elder Abuse Act?
Where recklessness or malice can be shown by clear and convincing evidence, California law allows for pain and suffering damages, wrongful death damages, recovery of attorney's fees, and punitive damages in especially serious cases.
Can a facility be held liable if it kept my loved one despite their declining condition?
Yes. When a facility retains a resident whose medical needs have exceeded what an assisted living license allows — rather than transferring them to appropriate care — that retention itself can support a negligence claim, particularly if it was driven by a desire to...
How do I report suspected assisted living abuse in San Jose?
Call 911 for immediate danger. For non-emergency concerns, contact Santa Clara County Adult Protective Services at (408) 975-4900 or the 24-hour hotline at (800) 414-2002, or the Long-Term Care Ombudsman at (408) 944-0567.
What’s the difference between an assisted living facility and a nursing home in California?
Assisted living facilities and Residential Care Facilities for the Elderly are licensed for custodial, non-medical care — help with daily tasks like bathing and meals. Nursing homes are licensed for clinical medical care, which means a facility retaining a resident...

