The court case surrounding Emily Willis’ condition could fall apart if her mum doesn’t meet a 30-day deadline.
Once one of the biggest names in the adult film industry, the 26-year-old now lives in a ‘vegetive state’ as it’s said she may have ‘locked-in syndrome’.
Her mum, Yesenia Cooper, filed a lawsuit against the Summit Malibu rehabilitation centre where Willis suffered a cardiac arrest in 2024.
Santa Monica Superior Court Judge Mark A. Young ruled on Wednesday (18 June) that Cooper must provide more details to support her claim against the centre.
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The clinic and its parent company previously filed something called a hearing on demurrer with motion to strike which essentially means they have requested specific parts or even the whole thing to be removed. It’s usually filed when a defendant believes at least parts of the case are too weak to meet the legal threshold.
What happened to Emily Willis?
Real name Litzy Lara Banuelos, she checked into Summit Malibu on 27 January 2024, seeking help for ketamine addiction.
It’s reported she had been left with side effects such as night terrors and urinary incontinence and was also suffering from major depressive disorder, anxiety disorder and PTSD.
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The lawsuit reports her health deteriorated quickly and in February, she suffered a cardiac arrest. Nurses and paramedics administered CPR for around 40 minutes until she regained a pulse.
Willis was confirmed as ‘permanently disabled’ following the ordeal and can reportedly no longer move her body or speak but is conscious and able to move her eyes.
Why was the legal case launched?
Filed at the end of last year, it’s claimed Willis was left with inadequate care and that she was subjected to adult abuse, negligence and unlawful, unfair or fraudulent business practices.
The suit alleges: “Had the staff followed standard medical protocols, Emily would have had the opportunity to regain control of her life.” It claims her 'health was ignored until it was too late'.
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“As a direct and proximate result of (Summit Malibu’s) neglect, abandonment, recklessness and negligence in failing to provide care and treatment for Litzy, she suffered irreversible brain damage and permanent physical and mental incapacity, pain, suffering and emotional distress, among other damages,” the suit states.
What has been required from Emily Willis' mum?
Summit Malibu attorneys deny the star was the victim of dependent adult abuse and have asked the judge to dismiss this cause of action. Attorneys also say the complaint fails to state what could’ve been done when she refused staff’s recommendations to go to urgent care.
Cooper must now provide more details to support her claim of elder/dependent abuse against the rehab centre.
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Court documents say the allegation doesn’t ‘establish any specific facts’ to show the defendants’ responsibility for meeting Banuelos’ ‘basic needs’.
It adds that the defendants accepted her ‘as a resident and undertook the duty to provide her with the care to which she was entitled’.
The documents continue: “None of these cited duties regard the basic needs of Banuelos that she would ordinarily be capable of managing without assistance. Otherwise, the complaint only proffers conclusions without specific facts showing the custodial or caretaking relationship.”
It says Cooper’s case needs to allege ‘additional facts’ which establish that: “Banuelos was, in fact, a dependent adult and that Defendant undertook a specific caretaking/custodial relationship to attend to a basic need.”
Topics: Emily Willis, Mental Health
Jess Battison