On May 5, 2026, Trust & Estate Litigation attorneys Ellen V. Leonida and Korina Buford of Sideman & Bancroft LLP filed a lawsuit in Sonoma County Superior Court on behalf of Virginia “Nikki” King, a 91‑year‑old widow and longtime resident of Varenna at Fountaingrove in Santa Rosa. The lawsuit asserts claims under California’s elder abuse and consumer protection laws and raises critical issues about resident rights in senior living communities.
Ms. King and her late husband paid more than $1 million in entrance fees nearly two decades ago for a continuing care retirement community they believed would support dignity, autonomy, and choice as her needs changed. In recent years, as Ms. King’s health declined and she required full‑time assistance with activities of daily living, she retained trained private caregivers to help her with basic necessities.
According to the complaint, Varenna’s management refused to allow Ms. King’s private caregivers to provide care, insisting instead that she rely solely on facility‑provided staff in exchange for ongoing monthly fees. The lawsuit alleges that this policy has had devastating effects—including instances where Ms. King was left waiting for assistance with toileting and other essential care.
As Ms. King’s attorney Ellen Leonida stated in The Press Democrat:
“I don’t see any reason why Varenna would not allow her caretakers to take care of her… and it’s really heartbreaking that they have to stand there and watch her sit in her own filth.”
“There’s no legal reason, no moral reason. I really wish I didn’t have to file a complaint to enforce this pretty basic right, to let the person you pay to take care of you, take care of you.”
The complaint further asserts that Ms. King’s rights under Title 22 of the California Code of Regulations and the Health & Safety Code’s “Bill of Rights” for residential care facility residents guarantee her ability to retain private caregivers of her choosing—rights that the lawsuit contends were improperly denied.
While the defendant has denied the allegations, the issues raised here underscore broader concerns facing families and seniors across California and beyond: the balance between institutional policy and individual choice, the enforcement of statutory protections, and the dignity owed to every older adult receiving long‑term care.
At Sideman & Bancroft, and through the leadership of Ellen Leonida and Korina Buford, our practice remains deeply committed to advocating for the rights of older adults and holding accountable those entities whose policies and practices may undermine resident autonomy and safety.
Read the full article from The Press Democrat here.
