Senior Care Records.

Complaint Investigation Report

Morningstar Assisted Living of West San Jose, San Jose03/04/2026Licence 435202895

Census71
Date signed03/04/2026 04:38:00 PM
The inspector’s account

Due to lack of supervsion, resident engaged in sexual relations with another resident:

On 11/17/2025, around 7:12PM, facility staff received a notice from surveillance video system that a fall in a resident room in memory care unit. Facility staff went to the resident room to check and found resident R1 and R2 were undressed from the waist down. R1 was on the floor and was assisted by staff to get off the floor. R1 and R2 were assessed and both were found without injuries and were not under distress. Staff S1 reviewed the camera footage, the video showed that R2 and R1 potentially engaged in intercourse. Both residents R1 and R2 were then separated and put into their respective apartments.

On 11/19/2025, the Department received the incident report from the facility. LPA called the facility and interviewed previous Wellness Director (PWD). R1 and R2 do not recall what happened. R1 and R2's families, police, and LTCO were notified. PWD stated, this was the first time that both R1 and R2 have exhibited these behaviors. LPA requested R1 and R2's Physician Report, and Care Plans.

On 12/23/2025, LPA interviewed Vice President of Wellness from corporate (VPW). VPW stated resident R1 went to resident R2's room, both R1 and R2 are memory caret residents. VPW stated staff responded to surveillance video system because R1 was found on the floor. VPW stated staff entered R2's room to check and found R1 and R2 were without underpants. R1 was on the floor. R1 and R2 were assessed and no injuries were found. R1 and R2 were not under distress. R1 was on R2's bed and had engaged in intercourse which led to R1's falling off the bed. The sex appeared to be consensual. R2 was unable to remember what happened. R1 denied any sexual abuse or coercion. The facility notified LTCO, police and CCL office. The facility notifies R1 and R2's families. Both families do not have any concern about the incident. LTCO and police came to the facility on 11/18/2025 to investigate. The facility did not receive any accusation from Police and LTCO. VPW stated R1 and R2 were observed talking to each other before several times. VPW stated R1 and R2 seems to be friends. VPW stated after the incident, R1 and R2 still talk to each other and nothing seems strange. VPW stated this is the only one case between R1 and R2. VPW stated R1 and R2 talk to each other very often on common area. VPW stated R1 did not went to any other rooms before and after the incident.

LPA interviewed staff S1. S1 stated he/she received notice from surveillance video system for a resident fell on the floor and went to check resident R2's room and found R1 and R2 were naked from wrist to bottom. S1 stated from the camera footage, R1 and R2 had intercourse. S1 stated the sex appears to be consensual.

Source: California Department of Social Services, Community Care Licensing. Methodology · Report a correction