Opinion
No. CV 10 5007241S
December 21, 2010
MEMORANDUM OF DECISION
This is an application for a prejudgment remedy which was heard at the short calendar on October 4, 2010 at which time the court took testimony and heard oral argument. The court granted the application by way of a brief order dated October 4, 2010. The defendant, Robert Cisowski, has taken an appeal of that order. Pursuant to a request of the defendant, the Appellate Court has ordered the court to file a decision. The decision of the court follows.
Based upon the credible evidence, the court finds the following facts. On June 25, 2009, the defendant, Blanche Cisowski, was admitted to the plaintiff's rehabilitation facility as a resident. Ms. Cisowski's son, the defendant, Robert Cisowski, signed the written admission agreement as "responsible party." Ms. Cisowski never signed the agreement. The agreement obligates Mr. Cisowski to act promptly to establish and maintain eligibility for Medicaid assistance for his mother. It also provides that if Mr. Cisowski has received a transfer of assets from his mother which results in ineligibility for Medicaid assistance, he agrees that he will use the assets from the transfer to pay for his mother's care until she becomes eligible. Ms. Cisowski continues to be a resident.
In August 2009 Ms. Cisowski transferred property to Mr. Cisowski. As a result of this transfer, Ms. Cisowski has been denied Medicaid benefits until expiration of a penalty period ending January 18, 2011. The amount due and owing the plaintiff as June 30, 2010 was $119,947.97. The account accrues at a daily rate of $356. The defendant, Robert Cisowski, has refused to use the property transferred to him to pay his mother's account.
The defense interposed by the defendant, Robert Cisowski, to the claim that he has breached his agreement with the plaintiff, is that he does not need to honor his obligations under the admission agreement because his mother never signed it. Mr. Cisowski claims that he cannot be a responsible party for an agreement which does not exist between the plaintiff and Ms. Cisowski.
Mr. Cisowski's argument is not convincing. The admission agreement clearly says that the "Resident, and/or Responsible Party hereby agree . . ." There is an independent agreement which exists between the plaintiff and Mr. Cisowski. There is probable cause that Mr. Cisowski failed to render the medicaid assistance set forth in the agreement and is holding title to real property which is preventing medicaid from paying the plaintiff's bill. There is probable cause that the plaintiff will recover a judgment against Mr. Cisowski for breach of his agreement. The application for prejudgment remedy in the amount of $150,000 is granted.
"The trial court may grant a prejudgment remedy upon a finding that `there is probable cause that a judgment in the amount of the prejudgment remedy sought, or in an amount greater than the amount of the prejudgment sought, taking into account any defenses, counterclaims or setoffs, will be rendered in the matter in favor of the plaintiff . . ." (Citations omitted.) Caciopoli v. Howell, 124 Conn.App. 273, 277 (2010).