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Opposition Objections

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17 Cited authorities

  1. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,321 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

  2. Delaney v. Baker

    20 Cal.4th 23 (Cal. 1999)   Cited 211 times   4 Legal Analyses
    Holding recklessness "involves more than inadvertence, incompetence [or] unskillfulness"

  3. Covenant Care, Inc. v. Superior Court

    32 Cal.4th 771 (Cal. 2004)   Cited 132 times   2 Legal Analyses
    In Covenant Care, Inc. v. Superior Court, 86 P.3d 290 (Cal. 2004), the California Supreme Court confronted the sad story of Juan Inclan, an "elder," during his eight-week stay at a "skilled nursing facility."

  4. Clark v. Superior Court

    50 Cal.4th 605 (Cal. 2010)   Cited 83 times   1 Legal Analyses
    Holding that Section 3345 permits trebling "only if the statute under which recovery is sought permits a remedy that is in the nature of a penalty"

  5. Hilliard v. A.H. Robins Co.

    148 Cal.App.3d 374 (Cal. Ct. App. 1983)   Cited 158 times   1 Legal Analyses
    Concluding that evidence of post-injury conduct should have been admitted into evidence because it tended to prove that the defendant acted willfully

  6. Hood v. Hartford Life and Acc. Ins. Co.

    567 F. Supp. 2d 1221 (E.D. Cal. 2008)   Cited 73 times
    Finding that plaintiff first discovered facts supporting her claims during recent depositions and that a court decision issued shortly before the deposition first made plaintiff aware of the viability of her claim for trebled damages

  7. California Assn. of Health Facilities v. Department of Health Services

    16 Cal.4th 284 (Cal. 1997)   Cited 89 times
    Concluding that statute incorporated common law liability principles without even inquiring whether the conduct prohibited by the statute — health and safety violations by nursing facilities — had been actionable at common law

  8. Nevarrez v. San Marino Skilled Nursing & Wellness Centre

    221 Cal.App.4th 102 (Cal. Ct. App. 2013)   Cited 39 times   1 Legal Analyses
    Finding minority analysis unpersuasive

  9. Fitzhugh v. Granada Healthcare & Rehabilitation Center, LLC

    150 Cal.App.4th 469 (Cal. Ct. App. 2007)   Cited 44 times
    Finding the possibility of conflicting rulings on the basis of the inclusion of a claim alleging a violation of Patients' Bill of Rights contained in tit. 22, § 72527 of the Cal. Code Regs.

  10. Shuts v. Covenant Holdco LLC

    208 Cal.App.4th 609 (Cal. Ct. App. 2012)   Cited 32 times
    Reversing application of abstention doctrine because trial court had no discretion to apply doctrine to plaintiffs' legal claims

  11. Section 72527 - Patients' Rights

    Cal. Code Regs. tit. 22 § 72527   Cited 31 times

    (a) Patients have the rights enumerated in this section and the facility shall ensure that these rights are not violated. The facility shall establish and implement written policies and procedures which include these rights and shall make a copy of these policies available to the patient and to any representative of the patient. The policies shall be accessible to the public upon request. Patients shall have the right: (1) To be fully informed, as evidenced by the patient's written acknowledgement

  12. Section 72327 - Nursing Service-Director of Nursing Service

    Cal. Code Regs. tit. 22 § 72327   Cited 2 times

    (a) The director of nursing service shall be a registered nurse and shall be employed eight hours a day, on the day shift five days a week. (b) The director of nursing service shall have at least one year of experience in nursing supervision within the last five years. (c) The director of nursing service shall have, in writing, administrative authority, responsibility and accountability for the nursing services within the facility and serve only one facility in this capacity at any one time. Cal