BOCA RATON, FL (Boca Post) (Copyright © 2026) — A civil complaint was filed Feb. 25, 2026 in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, naming Brandon Rubin, as next friend of Barbara Rubin, as plaintiff, and CREF3 FSLP Boca Raton Owner, LLC, doing business as Sonata Boca Raton, as defendant. The case is Case No. 502026CA002211XXXAMB.
The filing states the case is brought for damages alleged to exceed $50,000, excluding interest and costs, and that Barbara Rubin is a Palm Beach County resident who was over 60 and impaired in her ability to provide for her own care and protection. The complaint cites a prior case as the basis for Brandon Rubin pursuing the action as next friend on her behalf.
The complaint alleges the defendant was licensed and operating an assisted living facility in Palm Beach County and was the owner and licensee of Sonata Boca Raton, which the filing says is subject to Florida’s assisted living facility standards under Chapter 429. Plaintiff’s counsel is listed as Ford, Dean, & Rotundo, P.A. of North Miami Beach. The complaint does not list a defense law firm.
According to the complaint, Barbara Rubin was accepted as a resident even though the admission was “wholly inappropriate” because she allegedly required heightened nursing care and supervision based on her health condition. The filing alleges that during her residency, staff failed to develop an adequate care plan and failed to properly monitor and supervise her care and treatment to prevent falls and unexplained injuries.
The lawsuit is framed as a claim under Florida Statute Chapter 429 for alleged violations of resident rights and common law negligence “based solely on custodial care issues,” and it asserts that presuit requirements under Chapter 766 are unnecessary.
In Count I, the complaint alleges a Chapter 429 claim against the defendant and cites assisted living facility resident rights referenced in Florida Statute section 429.28, including the right to live in a safe and decent environment free from abuse and neglect, access to adequate and appropriate health care consistent with recognized community standards, compliance with assisted living facility regulations, and being treated with consideration and respect with recognition of dignity and privacy.
The complaint alleges those responsibilities are non-delegable and that the defendant is directly and vicariously liable for alleged violations by individuals or entities under its control, including employees and contractors, as well as for policies, procedures, and practices.
It then lists alleged failures including, among other things, not implementing appropriate fall precautions, not providing appropriate fall supervision, failing to prevent unexplained injuries, failing to develop and update adequate care plans for custodial needs, failing to maintain adequate records, failing to notify family and physicians of significant changes in health status, inadequate staffing, failing to follow physician orders, and failing to timely send the resident to the hospital.
The complaint alleges Barbara Rubin suffered damages including bodily injury, pain and suffering, disability, physical impairment, disfigurement, mental anguish, and medical, hospital, and nursing expenses, among other claimed harms. It seeks compensatory damages, prejudgment interest, and a jury trial, and states the plaintiff reserves the right to amend later to seek punitive damages.
The original complaint, Brandon Rubin, as Next Friend of Barbara Rubin v. CREF3 FSLP Boca Raton Owner, LLC, d/b/a Sonata Boca Raton, Case No. 502026CA002211XXXAMB, as filed 02/25/2026, with the Palm Beach County Clerk of Court, can be viewed here.
Related civil filings involving nursing home negligence are tracked in Boca Post’s Lawsuits coverage.
The assisted living industry has changed significantly as to want it was designed for originally. It was designed to be just that. Assisted living. Over the last decade it has evolved to much more of a business. Heads in the beds. The sales managers are pressured to keep census up and the facility ends up accepting residents that aren’t appropriate for assisted living. They require higher level of care. It’s shocking because the facility will charge for a higher level of care, but it’s rarely provided. We had a resident with 24h private duty. Assisting with everything it medication dispensing. The facility raised her level of care rate. For what? They couldn’t say but the family friend needed to figure out how to get it paid or the 100yr old would have been asked to leave. That isn’t caring. That is business.
I’ve been in the industry since 2001. 17yrs in facilities are there some good ones? Of course. However the majority have become a business model where big corporations buy out the former one and everything changes. Facilities change names sometimes every 3-5 years.
I have clients that are shocked when after their loved one is accepted to the assisted living facility, the administration tells them they need to hire a caregiver to help with care. Either at night to assist with falling prevention or during the day because they require more care than the facility can safely provide.
There are experts in the industry trying to bring attention to this and change this situation, and it can’t come soon enough.