Lawsuit Seeks to Recover $25 Million
Misappropriated From Tobacco fund

A one-page summary describes a citizen’s lawsuit that has been filed in San Francisco’s Superior Court alleging that five bodies — including San Francisco’s Office of the Mayor, its Board of Supervisors, its Health Commission, its City Controller, and the City and County of San Francisco itself — have broken a “compact” with San Francisco’s voters, who in 1999 approved a bond measure known as Proposition A, which was put before the voters in order to consider rebuiliding the City’s publicly-operated long-term care nursing home for the frail elderly with a full complement of 1,200 skilled nursing beds.  The facility is formally known as “Laguna Honda Hospital and Rehabilitation Center.”

The City is considering downsizing the replacemnt project by somewhere between 300 and 400 beds, such that the new facility may open with only 800 to 900 beds, not the 1,200 beds promised voters in 1999 who agreed to levity themselves for the replacement project costs.

The lawsuit seeks to enjoin the City from further consideration of the downsizing plans until such time as an accurate accounting of tobacco settlement revenues is conducted, which more accurate analysis is to be used on which base the final size of the rebuild project.

A facsimile of the lawsuit — that results in a much smaller file size than the double-spaced, scanned version of the lawsuit — suitable for e-mailing and downloading is available at the link above.  The facsimile differs from the file filed in Superior Court, by eliminating the double-spaced, “pleading paper” line numbers on each page, and other minor edits and typographic niceties — including one bracketed correction — none of which substantially differs from, or alters, the Court filing.

For further background information about this case, please call Patrick Monette-Shaw at (415) 292-6969.



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