City Files Lawsuit against Health Group, Property Owner

By Kristina Pritchett

The city has filed a lawsuit against a health group claiming it was allowing a property to provide treatment to clients without a state-issued license.

City Attorney Patrick Muñoz told the public during the Dec. 6 Council meeting that the city had filed the lawsuit because the company was not complying with code.

The lawsuit was filed in Superior Court against Luminance Health Group and Robert Boniadi, the property owner.

According to the lawsuit, Luminance was permitting the use of the property as a drug abuse recovery or treatment facility that provides treatment to seven or more clients and failed to obtain the state-issued license.

The property is located on Camino Capistrano and has two separate dwelling units. The second dwelling was approved by the Planning Commission in 2002 and was required, if rented, to be occupied by “an individual adult or two senior adults, and must be affordable to persons of low and moderate income and remain affordable for the life of the project.”

The lawsuit also says the use of the property as a recovery or treatment center is not a permitted use according to the city’s zoning code.

During the Nov. 15 meeting, Muñoz gave an update regarding the sober living homes and lawsuits pertaining to them. He said the city was preparing to pursue code enforcement on the property.

At the Nov. 15 meeting, Muñoz said the city was looking at three or four properties that they believed were providing treatment without the proper licenses.