There’s a new development in the lawsuit lodged against a Californian rehab center by the family of former adult star Emily Willis.
Willis - real name Litzy Lara Banuelos - retired from the adult industry after some 700 appearances to pursue mainstream acting before ending up in treatment for a ketamine addiction at Summit Malibu last January.
It was here she went into cardiac arrest which led her to become 'permanently disabled'.
According to a complaint filed by her mom, Yesenia Lara Cooper, Summit staff ignored Willis' worsening symptoms, including chills, tremors, disorientation and severe pain, as her health apparently declined over several days.
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Emergency services were called on February 3, 2024, but she wasn’t taken to a hospital; more than a day later she was 'found unconscious'.
Paramedics performed up to 40 minutes of CPR before reviving her, and she remained in a 'vegetative coma' for two months.
Though she eventually regained some tiny movement, Willis now suffers from 'irreversible brain damage' and is largely paralyzed.
Her family’s suit accuses Summit Malibu and its parent company, Malibu Lighthouse Treatment Centers, LLC, of 'abuse of a dependent adult, professional negligence, negligence and fraudulent business practices'.
On June 18, the claim moved to court for a Demurrer and Motion to Strike, which saw the defendants, Malibu Lighthouse Treatment Centers, challenge the legal complaint.
The Demurrer, as explained by the California Courts Self-Help Guide, is a 'procedural objection' examining whether the complaint, even if factually accurate, lacks the legal basis to proceed.
Filed under California Code of Civil Procedure § 430.10, the defense claims that the lawsuit does not meet all the legal elements required to support the claims, such as negligence or wrongful conduct.
Arguments were heard by Santa Monica Superior Court Judge Mark A. Young on Wednesday (June 18). He ruled that Cooper must add more detailed facts to her elder/dependent-abuse claim against Summit Malibu.
The complaint only states that they had that duty; it doesn’t show how or when Summit formally agreed to provide everyday care, or how Willis was officially classified as dependent.
“Plaintiffs must allege additional facts to establish that defendants’ care rose to the level of recklessness,” Young wrote.
The case's tentative ruling added: “The Complaint's allegations do not establish any specific facts showing Defendants' responsibility for meeting the basic needs of Banuelos. Instead, the Complaint alleges various conclusions regarding her dependency and the custodial relationship, or facts which simply do not show her dependency or a custodial relationship.”
So, the judge upheld Summit’s demurrer, meaning the lawsuit is not allowed to move forward as is.
However, Willis' family have 30 days to file a revised complaint, adding the missing details including exactly how she qualified as dependent and what duties Summit took on, so the case can proceed.
Failure to do so could result in the case being dismissed.
Topics: Celebrity, Court, Emily Willis, Adult Industry
Ellie Kemp