California Appeals Court Dismisses Charges Against Silverado Senior Living
Last week, the Second District Court of Appeal unanimously upheld the dismissal of a criminal case relating to COVID-19 fatalities in a senior living community in March 2020. The case, People v. Silverado Senior Living Management, Inc. et al., had raised issues with potentially far-reaching consequences for the relationship between assisted living administrators and regulators.
In its decision, the court ruled that the prosecution improperly relied on transcripts of interviews conducted by the California Department of Social Services. Because participation in those interviews was de facto mandatory, the court found the testimony was “coerced” and therefore could not be used by the prosecution against the defendants.
The ruling affirmed a trial court decision from October 2023, which dismissed the charges against Silverado and three company representatives. That dismissal had been appealed by the Los Angeles County District Attorney.
Hanson Bridgett partner Joel Goldman’s testimony was cited in the appellate opinion, underscoring the integrity of Silverado’s practices during the earliest days of the COVID-19 pandemic.
In addition, Hanson Bridgett served as counsel on an amicus brief submitted on behalf of the California Assisted Living Association (CALA), Argentum, and the American Seniors Housing Association (ASHA). The brief argued that assisted living administrators are required to cooperate with DSS investigations and that allowing prosecutors to use those statements as a basis for criminal liability would have a chilling effect on open, collaborative relationships between regulators and operators. The brief also highlighted a letter submitted by the National Association for Regulatory Administration (NARA), which expressed concern that such a precedent could undermine effective oversight and cooperation in the industry.
This outcome is a significant victory not only for Silverado but for the broader senior living community, reinforcing constitutional protections while preserving the cooperative regulatory framework essential to quality care.
About Hanson Bridgett
Hanson Bridgett LLP is an Am Law 200 law firm with more than 200 attorneys and offices across California. Rooted in California and well-versed in its complex legal landscape, the firm proudly serves clients nationwide. The firm is structured to support businesses, public agencies, nonprofits, and individuals spanning industries including: construction, corporate and risk management, government and transportation, employer services, health and senior care, wealth management, and real estate and environment. As the first law firm certified as a B Corp, Hanson Bridgett is deeply committed to public service, sustainability, and advancing the communities where we live and work – in California and beyond.
