Case Summaries

Elder Law

[07/06] COUNTRY VILLA CLAREMONT HEALTHCARE CENTER, INC. v. THE SUPERIOR COURT OF LOS ANGELES COUNTY
Elder Abuse and Dependent Adult Civil Protection Act section 425.13(a) is inapplicable to punitive damage claims in actions where the gravamen of the claims is elder abuse subject to heightened civil remedies under the Act.

[06/28] CRESTVIEW PARKE CARE CTR. v. THOMPSON
An administrative law judge erred by refusing to hold an in person evidentiary hearing regarding whether respondent care centers complied with Medicare regulations, because there were genuine issues of material fact in dispute.

[06/18] SAN DIEGO COUNTY HEALTH AND HUMAN SERVS. AGENCY v. BEN C.
Court found procedural safeguards established by Anders v. California (1967) 386 U.S. 738, do not apply on appeal of an order for conservatorship of the person under the Lanterman-Petris-Short Act.

[04/30] ESTATE OF LOWRIE
Granddaughter has standing to bring an elder abuse civil lawsuit accusing her uncle of financial abuse, isolation, and neglect of her grandmother.

[04/15] MEADOWWOOD NURSING HOME v. US DEP'T OF HEALTH & HUMAN SERVS.
Substantial evidence supports the finding that certain beds in petitioner's facility were unsafe; imposition of civil monetary penalties under 42 C.F.R. section 483.25(h)(1) is affirmed.

[04/02] WOODSTOCK CARE CTR. v. THOMPSON
Long-term care facility unsuccessfully appeals the Civil Monetary Penalty imposed by defendant. Numerous incidents of residents escaping from the facility or assaulting other residents were sufficient to support the finding of immediate jeopardy to the residents in violation of 42 C.F.R. section 483.25.

[03/25] COVENANT CARE, INC. v. SUPERIOR COURT OF LOS ANGELES COUNTY (INCLAN)
A plaintiff seeking heightened civil remedies under the Elder Abuse Act may ignore Code of Civil Procedure section 425.13's limitations on actions for damages arising out of professional negligence; those limitations were not meant to burden those who pursue the cause of abused elderly persons.

[03/25] INTRIERI v. SUPERIOR COURT OF SANTA CLARA COUNTY (OCADIAN CARE CTRS., INC.)
In this case, arising from the death of an Alzheimer's patient following her admission to a nursing home, triable questions of fact exist as to the reckless neglect element of the cause of action for elder abuse, and as to causes of action for fraud and negligent misrepresentation. Summary judgment for nursing home is vacated.

[02/06] JOHNSON v. GUHL
Community Spouse Annuity Trusts, intended to shield a couple's assets from Medicaid eligibility determinations during the lifetime of the non-institutionalized spouse, are countable resources for Medicaid eligibility purposes. Challenges to New Jersey Medicaid regulations were appropriately dismissed.

[01/06] WELDING v. BIOS CORP.
In determining whether living arrangements qualify as "private homes," and are therefore eligible for the "companionship services" exemption to the overtime requirement of the Fair Labor Standards Act, each living unit must be individually analyzed, giving special consideration to six factors.

[07/28] RIVERA-APONTE v. RESTAURANT METROPOL #3, INC,
Summary judgment in favor of defendant employer is affirmed where plaintiff failed to demonstrate a trial worthy issue of discrimination under the Age Discrimination in Employment Act, 29 U.S.C. section 621 et seq.

[06/16] ACRIDGE v. EVANGELICAL LUTHERAN GOOD SAMARITAN SOC'Y
Complete diversity was lacking in a suit for damages after a nursing home death where, even though plaintiff was acting in the best interests of her deceased husband when she moved him to a convalescent center located in Texas, for purposes of diversity jurisdiction, the deceased was a Texas domiciliary at the time of his death.

[04/29] PEOPLE v. TATUM
The trial court did not err in admitting the videotaped statement of a deceased victim pursuant to the Elder and Dependent Adults exception to the hearsay rule, set forth in Evidence Code section 1380, where those statements were both trustworthy and reliable.

[03/24] GRANT v. GILBERT
Where a nursing home resident has since applied for and is receiving community-based care, his challenge to state officials' failure to provide adequate information about community-based placement alternatives to nursing home care residents is moot, and appellant cannot proceed as class representative.

[02/25] IN THE MATTER OF SUBPOENA DUCES TECUM TO JANE DOE, ESQ.
In response to subpoenas issued by a grand jury conducting a Medicaid fraud investigation, certain nursing home records created or generated for quality assurance purposes at the facilities are immune from disclosure under federal law.

[01/28] ROLLAND v. ROMNEY
The Nursing Home Reform Amendments to Medicaid require states to provide dual need nursing home residents with specialized services if screening deems them necessary, and residents have a private right of action which they may enforce via 42 U.S.C. section 1983.

[12/12] INTEGRATED HEALTH CARE SERV., INC. v. LANG-REDWAY
If a plaintiff, alleging that a nursing home violated its statutory duties, files suit seeking to enforce only those rights enumerated in section 400.022, Florida Statutes (1997), the plaintiff need not comply with the presuit conditions in section 766.106.

[09/19] PEOPLE v. RAE
A unanimity instruction under CALJIC No. 17.01 was not required where an elder abuse defendant was engaged in a continuous course of conduct.

[09/19] PEOPLE v. RAE
A unanimity instruction under CALJIC No. 17.01 was not required where an elder abuse defendant was engaged in a continuous course of conduct.

[09/12] WATERMAN CONVALESCENT HOSP., INC. v. DEP'T OF HEALTH SERV.
An action by a nursing home for dismissal of a citation was not barred by Health and Safety Code section 1428(b), because the limitations period for commencement of a judicial action did not begin to run until plaintiff withdrew its request for a citation review conference.

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